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1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate from June 2, 2020 to March 30, 2021, and the following.
Reasons
1. Facts of recognition;
A. The plaintiff is a person who completed the marriage report with C on May 18, 1992 and two adult children.
B. The Defendant came to know at C and sexual intercourse with each other, and was in school from September 2019.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-13 and 28, and the purport of the whole pleadings
2. Determination
(a) A third party shall not interfere with a married couple’s communal living which corresponds to the essence of marriage, such as interfering with a couple’s communal living by causing a failure of the married couple’s communal living;
In principle, a third party’s act of infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse, constitutes a tort (see Supreme Court Decision 2011Meu2997, Nov. 20, 2014). In this case, the term “unlawful act” is a broad concept that includes adulterys and does not reach common sense, but does not follow the husband’s duty of care. Whether it is an unlawful act or not shall be evaluated in consideration of the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decisions 8Meu7, May 24, 198; 92Meu68, Nov. 10, 192). In light of the above legal principles, since the Defendant knowingly suffered mental pain between the Plaintiff and the spouse, it should have infringed on the Plaintiff’s right to emotional pain, and the Defendant maintained the Plaintiff’s right to emotional pain and thereby has suffered mental pain between the Plaintiff and the Plaintiff.
B. As to the amount of consolation money, the health team, the defendant and D's misconduct and the period, and the plaintiff and D's.