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1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from August 7, 2018 to December 21, 2018; and (b).
Reasons
1. Determination as to the cause of claim
A. 1) In principle, a third party’s act of infringing on or interfering with the maintenance of a married couple’s community life falling under the essence of marriage and infringing on his/her spouse’s right as a spouse by committing an unlawful act with the spouse, thereby constituting tort (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) According to Articles 1 through 3 and 11 evidence (including additional number), the Plaintiff is a legal spouse who filed a marriage report with C on August 28, 1989, and the Defendant can be recognized as having committed an unlawful act, such as concluding a sexual relationship with C several times between February 28, 2018 and June 2018, even though he/she is aware that he/she is a spouse of C.
According to the above facts of recognition, the defendant committed an unlawful act with knowledge that he is a spouse of C, and it is reasonable to deem that the plaintiff's marital relationship was infringed or obstructed by such an act by the defendant, and therefore, the defendant is obliged to give monetary compensation for mental suffering suffered by the plaintiff by such unlawful act.
3) The Defendant alleged that C was not aware that it was married to the Plaintiff at the time of entering into a sex relationship with C, but it appears that C was aware that it was a legally married spouse, such as the Defendant’s dialogue between C and E, “Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre,” and thus, the Defendant’s allegation in this part is without merit.
B. As to the amount of consolation money that the Defendant is liable for damages, the amount of consolation money that the Defendant is liable for to compensate to the Plaintiff shall be set at KRW 20,000,00, in full view of all the circumstances shown in the pleadings of the instant case, including health class, the content and degree of the Defendant’s misconduct, the period, the Plaintiff’s marriage period and family relationship, and the impact of the Defendant’s wrongful act on the Plaintiff