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1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.
Reasons
1. Determination as to the cause of claim
A. A third party of the relevant legal doctrine shall not interfere with a married couple’s community life, which is the essence of the marriage, by intervening in a couple’s community life of another person and causing failure of a couple’s community life.
In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.
B. Comprehensively taking account of the overall purport of the arguments in the statement and video of evidence Nos. 1 through 4 and 6 by the Defendant’s improper act, the Plaintiff and the Plaintiff filed a marriage report on October 25, 201, and committed an unlawful act, such as having a sexual intercourse with C continuously from April 2017 to June 20 of the same year with knowledge that the Defendant was his/her spouse, and the Plaintiff was under navigation cancer treatment until July 2015, and the Defendant was aware of such fact during the period of such improper act.
According to the above facts of recognition, the defendant committed an unlawful act with C while being aware that C is a spouse, and thereby infringed upon the plaintiff's right as the spouse and interfered with the maintenance of the marital life between C and C, and thereby infringed upon the plaintiff's right as the spouse. Since it is obvious in light of the empirical rule that the plaintiff suffered mental pain, the defendant is obliged to pay consolation money to the
C. As to the amount of consolation money that the Defendant is liable for damages, the health unit, the age of the Plaintiff and C, the period of marriage, the existence of a child under the chain, the period during which the Defendant continued to commit an unlawful act with C, the details and degree of the unlawful act, the Defendant was aware of the Plaintiff’s health condition, the degree of family inequality, the Defendant and C.