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1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual interest thereon from September 13, 2017 to December 19, 2017, and the following.
Reasons
1. The facts of recognition are the legal couple who reported marriage on December 14, 1995 and had D and E as their children. The defendant, while working for the same company as C, knew that C had a spouse, sent frequently contact with C while having been working for the same company as C, and had a sexual intercourse with C on December 27, 2016, the fact that C had a sexual intercourse with C once on December 27, 2016 does not conflict between the parties, or that it did not dispute between the parties, or that the purport of the entire pleadings in the evidence Nos. 1-1, 2, 2-1, 2, and 4 was neglected.
2. Determination
(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community life;
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.
(1) In light of the aforementioned legal principles, the Defendant, even though having knowledge that the Plaintiff was a spouse, committed unlawful acts, such as sexual intercourse, thereby infringing upon the Plaintiff’s communal life between the Plaintiff and C, interfering with the maintenance thereof, and infringing on the Plaintiff’s spouse’s right as the spouse. Therefore, the Defendant is liable to compensate for damages arising from such unlawful acts by the Plaintiff.
B. Comprehensively taking account of the contents, degree, and period of the Defendant and C’s wrongful act, the impact of the said improper act on the marriage relationship between the Plaintiff and C, and the marriage period between the Plaintiff and C, the amount of consolation money that the Defendant shall pay to the Plaintiff shall be KRW 10,00,000.