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1. The Defendant shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 12% per annum from November 1, 2019 to the date of complete payment.
Reasons
1. Judgment on the plaintiff's claim
A. 1) The Plaintiff completed the marriage report with C on November 19, 1990, and had two children among them. 2) The Defendant knew that C was in a marital relationship with the Plaintiff, the Defendant committed an unlawful act against the Plaintiff, including accepting that C was in a marital relationship with C, and having been engaged in Jeju-do travel with C from June 18, 2019 to June 20 of the same month. From August 15, 2019 to August 15:30, 2019 to 20:00, the Plaintiff committed an unlawful act against the Plaintiff, such as administering it to each business hotel located in Gwangju, along with C, from around 13:00 of the same month to 18:00 of the same month.
[Based on the recognition] The items of evidence Nos. 1 through 8 and the purport of the whole pleadings
B. Determination 1) In principle, a third party who is liable for damages caused mental distress to the Plaintiff by infringing on or impeding the maintenance of a couple’s community life falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse’s right as the spouse (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above acknowledged facts, it is reasonable to deem that the Defendant committed an unlawful act with the spouse of the Plaintiff, thereby infringing on the couple’s community life between the Plaintiff and C or interfering with their maintenance, thereby causing mental distress to the Plaintiff. Thus, the Defendant has the duty to raise mental distress suffered by the Plaintiff. 2) The Defendant is obliged to pay compensation to the Plaintiff for damages in money prior to the scope of compensation, the marriage period and family relationship between the Plaintiff and C, the content, period and degree of such unlawful act, influence of the marriage relationship between the Plaintiff and C, and circumstances after the occurrence of unlawful act, etc.
C. Accordingly, according to the theory of litigation, the defendant is entitled to consolation money of KRW 20,000,000 and the plaintiff's claim against this.