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1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual interest from September 20, 2019 to June 3, 2020, and the following.
Reasons
1. The following facts can be acknowledged in light of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1, 2, 3; (c) evidence Nos. 2, 5, 6, 9, 10; and (c) evidence Nos. 1, 2, 3, 13, and 14; and (d) evidence Nos. 1, 12-1, 2, 3, 13, and 14; and (e) the overall purport of the pleadings.
On May 9, 2014, the Plaintiff married with C and has two children.
B. On December 2018, the Defendant began with C’s workplace with knowledge that C’s spouse had been, and maintained an inappropriate relationship for a considerable period of time, such as having sexual intercourse, while C was married to her child for childbirth.
C. Meanwhile, the Plaintiff and C maintain marital relations until the date of the closing of the instant argument.
2. In principle, a third party who has a liability for damages, by committing an unlawful act with the spouse, thereby infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse, constitutes a tort (Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). Accordingly, a third party who has a liability for damages is obliged to suffer mental suffering suffered by the spouse.
Examining the above facts in accordance with the above legal principles, it is reasonable to view that the defendant knowingly committed an unlawful act with the knowledge that C is a spouse, thereby infringing upon or interfering with the marital community life and infringing upon the plaintiff's spouse's right as the spouse of C, thereby suffering from mental suffering. Therefore, the defendant has a duty to pay back with money for mental suffering suffered by the plaintiff.
3. Regarding the amount of consolation money that the Defendant is liable to compensate, the period and family relationship between the Plaintiff and C, the period and degree of the commission of the Defendant and C, the impact of the said fraudulent act on the marriage between the Plaintiff and C, and the fraudulent act continued.