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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 27, 2018 to July 18, 2018.
Reasons
1. Basic facts
A. The plaintiff is married with C on November 28, 1996 and has two children under the chain.
B. After becoming aware of C from June 2017, the Defendant maintained a ties with C while having contact with C frequently.
C. C In the process, in order for the Defendant to operate the “E” store in the building located in the Mayang-si, the Defendant was able to do so at the studio located in the Mayang-si F. D.
At present, the plaintiff maintains a marital relationship with C.
[Ground of recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including the paper number), the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion and C's wrongful act led to the failure of marriage between the plaintiff and C, so the defendant is obligated to pay consolation money to the plaintiff 31 million won and delay damages.
B. Determination 1) In a case where a third party commits an unlawful act with his spouse and the failure of the marriage was caused by such an unlawful act, barring special circumstances, such as where the third party intentionally or negligently committed an unlawful act, it shall be interpreted that the third party has a duty to avoid mental suffering suffered by the other spouse, i.e., the other spouse’s husband or wife, and thus, constitutes a tort, barring special circumstances, such as the other party’s fault at the time of the unlawful act, regardless of whether the other party’s marital relationship was caused by the other party’s fault (see Supreme Court Decision 2004Da1899, May 13, 2005). According to the above recognized facts, there was an unlawful act between the defendant and C.
Therefore, the defendant is obligated to give the plaintiff the mental suffering caused by the illegal act.
3. Next, the following circumstances, which are acknowledged as comprehensively considering the overall purport of the pleadings, in the statement No. 6, about the amount thereof, ① uneasy and uneasy.