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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from August 10, 2018 to January 23, 2019.
Reasons
1. Facts of recognition;
A. The plaintiff is a legally married couple who completed a marriage report with C on January 3, 2003, and the plaintiff and C have two children.
B. The Plaintiff’s wife C’s father committed suicide around March 2016, and the Plaintiff’s wife died around September 2016.
C. Around March 2016, the Defendant had rights and duties prior to marriage with the Plaintiff, and had attempted to perform inheritance-related duties due to the death of the said C’s relative, and had continued to engage in the marriage-related duties from that time until September 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 18, purport of the whole pleadings
2. Determination
A. A) A third party’s liability for damages may not interfere with a married couple’s communal living falling under the essence of marriage by intervening in a marital life of another person. A third party’s act of infringing on, or interfering with, a married couple’s communal living falling under the essence of marriage by committing an unlawful act with a spouse, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). Based on the foregoing legal doctrine, the act of causing emotional distress to the spouse is, in principle, constituted tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the foregoing acknowledged facts, the Defendant, even though having knowledge of the fact in a marital relationship with the Plaintiff, thereby infringing on the Plaintiff’s communal life or interfere with the maintenance of
B. In light of the above recognition of the scope of damages and the overall purport of the pleadings, the amount of consolation money shall be determined at KRW 15,000,000, considering the period of marriage and family relationship between the Plaintiff and C, the period and content of unlawful act by C and the Defendant, and the degree of failure in marriage.
C. According to the theory of lawsuit, the defendant.