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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The plaintiff and C are legally married couple who completed the marriage report on March 6, 2006 and have one child between them.
B. The Plaintiff reported the Defendant’s photograph and message registered in the Defendant’s Sone Star Program, and became aware of the Defendant’s incompetence.
C. Around that time, the Defendant continued to meet with C, including sex relations.
The plaintiff maintains a matrimonial relationship with C until now.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 11, the purport of the whole pleadings
2. Determination on the cause of the claim
(a) An act that a third party who has a liability for damages causes mental distress to the spouse by 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, constitutes a tort;
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). Examining the facts recognized earlier in light of the aforementioned legal doctrine, the Defendant, even though he/she is aware that C is a spouse, has committed tort against the Plaintiff by maintaining inhumanity relations, such as sexual intercourse with C, etc. with the knowledge that C had a spouse, and is obvious in light of the empirical rule that the Plaintiff suffered severe mental pain due to such acts.
The defendant is obligated to pay consolation money to the plaintiff as compensation for mental damage.
B. As to the amount of consolation money within the scope of liability for damages, it is reasonable to determine the amount of consolation money as KRW 20 million in consideration of various circumstances shown in the pleadings of the instant case, such as health group, the period of marriage and family relationship of the Plaintiff and C, the period, mode, and degree of fraudulent act of the Defendant and C, the influence of the Defendant’s improper act on the Plaintiff’s marital life, and the progress before and after the instant
C. Accordingly, according to the theory of lawsuit, the defendant served the plaintiff 20 million won and a copy of the complaint of this case as requested by the defendant after the date of tort.