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1. The Defendant’s KRW 15,00,000 as well as 5% per annum from November 30, 2017 to July 4, 2018 to the Plaintiff.
Reasons
1. Occurrence of liability for damages;
가. 갑 1~7, 10호증(가지번호 포함)의 각 기재 및 변론 전체의 취지를 종합하면, 원고는 1992. 12. 2. C과 혼인하여 2명의 자녀를 둔 사실, 피고는 C이 배우자가 있는 사람임을 알면서도 2012년부터 C을 만나오면서 “항상 제 옆에 C씨가 있어^^^^기쁘고 행복해요♥”라는 문자를 C에게 보내고, C과 함께 잠을 자는 등의 부정행위를 한 사실을 인정할 수 있다.
B. A third party shall not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of another person and causing a failure of a couple’s communal living. A third party’s act of infringing on or interfering with a couple’s communal living falling under the essence of marriage by committing an unlawful act with the either side of the married couple, thereby infringing on his right as a spouse and causing mental distress to the spouse, in principle, constitutes tort
(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014).
In light of the above legal principles, the defendant was aware that C is a spouse, and the defendant committed an unlawful act continuously for a considerable period of time with knowledge that C is a spouse, and the defendant's act constitutes an infringement of the plaintiff's marital relationship or interfered with the maintenance thereof. Thus, the defendant has a duty to pay mental suffering suffered by the plaintiff in money.
2. The scope of liability for damages by the Defendant and C’s wrongful act, degree and duration, the marriage period and family relationship between the Plaintiff and C, the aggravation of the marital relationship between the Plaintiff and C, but the Plaintiff appears to maintain the marital relationship with C, taking account of the various circumstances revealed in the pleading, etc., the amount of consolation money that the Defendant is liable to compensate the Plaintiff shall be determined as KRW 15 million.
3. Accordingly, the defendant is liable to compensate the plaintiff for damages of KRW 15 million and after the date of tort.