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1. The Defendant’s KRW 15,00,000 as well as the annual rate of KRW 5% from March 3, 2018 to November 4, 2020 to the Plaintiff.
Reasons
Facts of recognition
A. The plaintiff is a legally married couple who completed the marriage report with C on January 7, 1995 and has two children.
B. The Defendant, despite being aware of the fact that C was a legally spouse, maintained improper relations, such as engaging in a sexual intercourse with C with a private male from March 3, 2018 to September 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings
2. Determination on the cause of the claim
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 en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the aforementioned facts, the Defendant, even though having knowledge that C is a spouse, committed an unlawful act with C, thereby infringing upon the Plaintiff’s community life or interfering with the maintenance thereof, and infringing on the Plaintiff’s right as the spouse, barring any special circumstance, is obliged to engage in the Plaintiff’s emotional distress.
B. Considering the marriage period and family relation between the Plaintiff and C, the degree and period of fraudulent act, the influence of the said fraudulent act on the Plaintiff’s marital life and other circumstances revealed in the argument of this case, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 15,00,000.
Therefore, the defendant's 15,00,000 won and the defendant's 15,000 won that began to be illegal to the plaintiff from March 3, 2018 to November 4, 2020, where it is recognized that it is reasonable for the defendant to dispute about the existence and scope of the duty to perform, shall be 5% per annum under the Civil Act and 5% from the next day to the date of payment.