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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff is a married couple with C on January 13, 2010, and has two children under the chain of law.
B. Around July 2015, the Defendant and C became aware of the workplace life, and the Defendant knew that C had a spouse, and had sexual intercoursed with C’s house, and provided the Kakakao Stockholm message as a year.
C. Meanwhile, the Plaintiff and C maintain their current matrimonial relationship.
[Ground of recognition] Facts without dispute, each entry or video of Gap evidence 1 to 4 (including paper numbers) and the purport of the whole pleadings
2. Determination
A. In principle, a third party who suffered liability for damages by committing an unlawful act with the spouse, thereby infringing on a marital life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse. According to the above facts of recognition, it is clear in light of the empirical rule that the Defendant committed an unlawful act such as sexual intercourse with the Plaintiff's spouse C around July 2015, and that the Plaintiff suffered considerable mental suffering. Thus, the Defendant is liable for compensation for mental suffering suffered by the Plaintiff.
B. As to the amount of consolation money that the Defendant is liable to pay to the Plaintiff, the amount of consolation money shall be determined at KRW 10,000,000, in full view of all the circumstances shown in the pleadings of the instant case, such as health team, the period of marriage and family relationship between the Plaintiff and C, the degree and period of fraudulent act between the Defendant and C (the period in which the Defendant and C committed a fraudulent act is not considered to be one month), the degree of affecting the failure of the marriage between the Plaintiff and C, and the original Defendant’s age and current status, etc. Therefore, the Defendant shall be from August 28, 2015, which is the day following the date on which the copy of the complaint of this case was served to the Plaintiff, as the Plaintiff seeks.