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1. The Defendant’s KRW 17,00,000 as well as 5% per annum from October 21, 2016 to June 20, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a married couple with C on December 21, 1993.
B. The Defendant was a partner who established and operated D jointly with C from July 2002 to October 2014, and was aware that C had a spouse, and was in an internal relationship, such as having a sexual relationship with C from July 2004 to October 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 4, the purport of the whole pleadings
2. Occurrence of liability for damages;
(a) A third party shall not interfere with a marital community which corresponds to the nature of the marriage, such as interfering with a marital community of another person by causing a failure of the marital community;
In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015). B.
The defendant committed an unlawful act continuously for more than 10 years with knowledge that C is a spouse, and the defendant's such an act infringed upon the marital relationship between C and the plaintiff and C, or interfered with its maintenance. Therefore, the defendant is obliged to pay back mental suffering suffered by the plaintiff in money.
3. The amount of consolation money to be paid by the Defendant to the Plaintiff is determined as KRW 17,00,000, taking account of the various circumstances shown in the pleadings, such as the scope of the liability for damages by the Defendant and C, the content, degree and period of the unlawful act, the marriage period and family relationship of the Plaintiff and C, the contents of the Defendant’s act committed to the Plaintiff and C after the unlawful act was revealed, and the impact of
4. Accordingly, the defendant is entitled to consolation money of KRW 17,00,000 and the plaintiff's complaint of this case as claimed by the plaintiff after the date of tort.