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1. The Defendant’s KRW 10,000,000, and the annual rate of KRW 5% from August 2, 2019 to February 4, 2020, as well as the following.
Reasons
1. Facts of recognition;
A. On January 29, 2010, the Plaintiff married with C and has three minor children under the chain.
B. From November 2017 to January 2018, the Defendant had been aware that C, a workplace partner, had his/her spouse, and continued to teach with his/her female while having given his/her intention to contact with him/her and talk with him/her, and committed an unlawful act, such as talking with him/her, etc. (hereinafter “instant unlawful act”), and was discovered to D, the Defendant’s spouse.
C. Around March 2018, the Defendant sent text messages to C. D.
Defendant and C had caused the instant wrongful act to D and the Plaintiff.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 4-1, 2, and 3-2, and the purport of the whole pleadings
2. The judgment of the third party shall not interfere with the marital life falling under the essence of the marriage by interfering with the marital life of the other party by causing a failure of the marital life, etc. The act of the third party to infringe on or interfere with the marital life falling under the essence of the marriage and to inflict mental pain on the spouse by infringing on the rights of the other party as the spouse by engaging in the marital life of the other party.
As long as the Defendant, even though being aware that C is a spouse, committed an unlawful act in this case with his female, thereby infringing on the Plaintiff’s communal living or interfering with the maintenance thereof, the Defendant has a duty to inflict mental suffering suffered by the Plaintiff in money.
There is no evidence to acknowledge that the Defendant was unaware of the existence of his spouse C at the time of the instant wrongful act.
In light of all the circumstances revealed in the arguments in the instant case, such as the period of marriage and family relationship between the Plaintiff and C, the details, period, and form of the instant misconduct, the influence of the fraudulent act on the marital life of the Plaintiff and C, and the circumstances after the occurrence of the fraudulent act, the consolation money that the Defendant should pay to the Plaintiff.