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1. The Defendant’s KRW 8,00,000 as well as the annual rate of KRW 5% from January 12, 2017 to December 5, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff and C are legally married couple who completed the marriage report on September 2, 1987, and they have two children and have married life. Since three to four years, C is living together.
B. Around February 2014, the Defendant became aware of C at a social group around February 2, 2014; from March 2016, the Defendant came to know of C, and was engaged in teaching tasks, such as entering and living together with C’s residence; and the Plaintiff, who became aware of such fact, found C and the Defendant’s residence, were living together and dispatched to the police by avoiding disturbance.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Determination
A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.
(see Supreme Court Decision 201Meu2997, Nov. 20, 2014). Meanwhile, a spouse’s wrongful act, including the adultery, should be evaluated in consideration of the degree and situation of each specific case, as well as the degree of each particular case, even though it does not reach a common sense (see, e.g., Supreme Court Decision 88Meu7, May 24, 198).
(See Supreme Court Decision 2010Meu4095 Decided November 28, 2013, etc.). According to the above facts of recognition, it is reasonable to deem that the Defendant, while knowing that C is a father-Nam, had inflicted mental pain on the Plaintiff by living together with C and committing unlawful acts. As such, the Defendant is obliged to pay consolation money for mental pain of the Plaintiff.
B. The scope of the liability for damages by the Defendant and C’s wrongful act, and the marriage period and degree of the Plaintiff and C.