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1. The Defendant: (a) KRW 10 million to the Plaintiff; and (b) 5% per annum from May 24, 2016 to April 19, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legally married couple who completed a marriage report with C on May 2, 1986, and has 1 South and North Korea as her children.
B. The Defendant came to know at the meetings of C and the mountain conference, and close to C, and even though being aware that C had the Plaintiff, he was faced with C, it was up to the apartment located in the Gyeongbukbuk-do, and entered into an illegal relationship with C.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 10 (including each number), the purport of the whole pleadings
2. Determination:
A. In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof, and infringing on a spouse's right as the spouse, thereby causing mental pain to the spouse, constitutes a tort.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above-mentioned facts, the Defendant committed an unlawful act with C and C, thereby infringing on the common life of the Plaintiff and C, interfering with their maintenance, and infringing on the Plaintiff’s spouse’s right as his/her spouse, and thereby causing mental distress, the Defendant is liable to compensate the Plaintiff for mental damage caused by such unlawful act.
Furthermore, considering all the circumstances such as the process and period of marital life of the Plaintiff and C, the period and degree of the Defendant’s fraudulent act, and the impact of the Defendant’s fraudulent act on the marital relationship between the Plaintiff and C, it is reasonable to determine the amount of consolation money as KRW 10 million.
B. On this issue, the defendant asserts that the plaintiff and C have no obligation to pay consolation money, since they did not reach the divorce and maintain a matrimonial relationship.
However, as long as the spouse suffering from mental suffering through an illegal act with a spouse, the spouse is liable to pay consolation money even if the marital relationship does not reach the failure, so the defendant's argument cannot be accepted.
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