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1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual rate of KRW 5% from February 7, 2017 to June 22, 2017.
Reasons
1. Facts of recognition;
A. On November 21, 2005, the Plaintiff and Nonparty C are legally married couple who completed the marriage report on November 21, 2005, and one son is a child under the sternity.
B. The Defendant, from October 2016 to January 2017, led to an inappropriate relationship with Nonparty C and her entrance to Nonparty C’s accommodation.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. Determination
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, Nov. 20, 2014). “Cheating” in this context refers to a wider concept, including the adultery, that does not reach the common sense, but does not reach the common sense, and all unlawful acts that are not faithful to the husband and wife’s duty of mutual assistance may be included therein. Whether it is an unlawful act or not should be assessed in consideration of the degree and circumstances of the specific case.
(Supreme Court Decision 2010Meu4095 Decided November 28, 2013, etc.) B.
In light of the above facts and the above legal principles as to this case, it is reasonable to view that the defendant was aware that the non-party C had a spouse, and that the plaintiff suffered mental pain due to the defendant's tort.
Therefore, the defendant, who is a tort, has a duty to pay mental suffering suffered by the plaintiff in money.
C. In addition, regarding the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff, the amount of consolation money that the Defendant is liable to compensate to the Plaintiff shall be KRW 10,000,000, taking into account the health care of the Defendant, the content, degree, period, marriage period of the Plaintiff and Nonparty C’s family relationship, etc.
Therefore, the defendant is not guilty.