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1. The defendant's KRW 15,000,000 and its interest to the plaintiff shall be 5% per annum from July 24, 2020 to February 9, 2021.
Reasons
1. Basic facts
A. The Plaintiff is a legally married couple who completed the marriage report on October 28, 2015.
B. The Defendant came to know of around April 2014, and was in sexual intercourse with C from around 2018, and was teaching until May 2020.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 8, the purport of the whole pleadings
2. The assertion and judgment
A. In principle, a third party who suffered liability for damages by committing an unlawful act between a married couple and a married couple, thereby infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on his/her spouse's right as his/her spouse, thereby causing mental pain to the spouse constitutes a tort (see Supreme Court Decision 201Meu 2997, Nov. 20, 201). According to the above acknowledged facts, even though the defendant knew that he/she is a spouse of C, he/she is recognized to infringe on or interfere with the common life of the plaintiff and C by committing an unlawful act, and it is obvious in light of the empirical rule that the plaintiff suffered considerable mental pain, and thus, the defendant is liable to pay consolation money for mental suffering suffered by the plaintiff.
In regard to this, the defendant asserts that the restriction with C is not a tort, since the common life of the plaintiff and C was broken down and it became impossible to recover.
However, the evidence submitted by the defendant alone is insufficient to recognize that the relationship between the defendant and C has already been broken down to the extent that it is impossible to recover the relationship between the plaintiff and C before the commencement, and there is no other evidence to acknowledge it.
Therefore, the defendant's above assertion is rejected.
B. As to the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff, the extent of the impact of the Defendant’s and C’s unlawful act on the couple’s common life between the Plaintiff and C, and the instant case.