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1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 1, 2019 to May 23, 2019.
Reasons
1. Facts of recognition;
A. The plaintiff and C are legally married couple who completed the marriage report on October 31, 200, and the plaintiff and C have minor children D(E) and F(G).
B. The Defendant used the title “nick,” “nick,” “nick,” and “ma” as a mobile phone, from around 2014 to around 2014, with the knowledge that C was a spouse, and maintained a close relationship with C and his/her travel with the word “nick,” or with his/her travel along with his/her travel.
[Ground of recognition] The fact that there has been no dispute, entry of Gap's 1 through 8 (including each number in case of additional number) and the purport of whole pleading
2. The act of a third party making a judgment on the cause of a claim by committing an unlawful act with either side of the married couple to infringe on or interfere with a common life of the married couple falling under the essence of the marriage and to inflict mental pain on the spouse by infringing on his/her rights as the spouse, constitutes a tort in principle;
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the foregoing facts, it is reasonable to view that the Defendant, even though C was in a marital relationship with the Plaintiff, committed unlawful acts, such as maintaining a petial relationship with C, thereby infringing on or interfering with the Plaintiff’s communal life, and thereby causing mental pain to the Plaintiff by infringing on the Plaintiff’s spouse’s right as the Plaintiff’s spouse.
Therefore, the defendant is liable for compensating the plaintiff for mental damage suffered by the plaintiff.
Furthermore, in relation to the amount of consolation money that the defendant is liable for compensation, various circumstances shown in the arguments of this case, such as the content, period and degree of fraudulent act, the marriage period and family relationship of the plaintiff and C, the defendant's attitude after the fraudulent act was discovered, the influence of the defendant's fraudulent act on the plaintiff's marital life, and the age of the original defendant.