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1. The Defendant amounting to KRW 10 million to the Plaintiff and the Plaintiff’s annual rate from November 8, 2017 to May 10, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person married with C on January 10, 2013.
Two persons have two children under the chain.
B. Around July 14, 2017, the Defendant and C sent a Kakao Stockholm message indicating that there was a sexual relationship between the two, such as “I will have a travel along with Jeju Island on September 2, 2017 and Jeju Island on September 2, 2017,” “I will have a travel along with Jeju Island,” and “I will get you to go through it,” or “I will go through it.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 8 through 10 (including branch numbers), the purport of the whole pleadings
2. Determination:
A. A third party shall not interfere with a married couple’s community life falling under the essence of marriage, such as interfering with a couple’s community life by causing a 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.
(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). B.
In light of the above legal principles, according to the above recognition, the defendant had been aware of the fact that he had a spouse to C and continued to establish a Buddhist relationship with C. Since it is apparent in light of the empirical rule that the plaintiff suffered mental pain due to the above defendant's tort, the defendant is obliged to pay consolation money in an appropriate amount to the plaintiff.
C. Furthermore, all circumstances revealed in the arguments of this case, such as health team, the period of marriage between the Plaintiff and C, the period in which the Defendant committed an unlawful act with C, the method or degree of unlawful act, and the degree in which such unlawful act had an impact on the marital relationship between the Plaintiff and C.