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1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from May 1, 2019 to May 13, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff and C are legally married couple who completed the marriage report on October 2, 2010, and have one child between two parties.
B. The Defendant came to know of C while attending a gender party, and C committed an unlawful act, such as sexual intercourse, knowing that C knew of his father and son during the second half from around 2014 to around the second half of 2016.
【Fact-finding without dispute over the ground for recognition, entry of Gap evidence Nos. 1 through 4 (including branch numbers), the purport of the whole pleadings
2. Judgment on the plaintiff's claim
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 Decision 201Meu2997 Decided November 20, 2014, etc.). B.
According to the above facts of recognition, since the defendant had committed a fraudulent act for several years even though he/she is aware that he/she is a spouse of C, it shall be deemed that he/she violated or interfered with the maintenance of the marital life of the plaintiff and C, and that the plaintiff was suffering from mental pain in light of the empirical rule.
Therefore, the defendant is obligated to give monetary compensation to the plaintiff due to the above tort.
C. Furthermore, considering the following circumstances as to the amount of consolation money, comprehensively taking into account: (a) the health group; (b) the marriage period and marriage relationship between the Plaintiff and C; (c) the content and duration of the unlawful act between the Defendant and C; and (d) the impact of the said unlawful act on the Plaintiff’s common life and family life, including the Plaintiff and C’s children, it is reasonable to determine the amount of consolation money that the
Therefore, the defendant is liable to pay consolation money of KRW 20 million to the plaintiff and to pay consolation money of KRW 20 million after the date of tort, which is the day following the date of delivery of a copy of the complaint of this case, as sought by the plaintiff.