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1. The defendant's KRW 15,00,000 and its amount shall be 5% per annum from May 30, 2020 to September 10, 2020 to the plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a married couple who reported the marriage with the plaintiff on January 20, 201, and has one minor child.
B. On October 2019, the Defendant committed an unlawful act, such as exchanging Skins, after having become aware of the same company as C, around October 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings
2. Determination
A. A third party who has a liability for damages shall not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of another person and causing failure of a couple’s communal living. A third party shall not interfere with a couple’s communal living falling under the essence of marriage by committing an unlawful act with either side of the married couple. A third party’s act of infringing on or interfering with a couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple, thereby infringing on the right as the spouse and causing mental pain to the spouse, in principle, constitutes tort
(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts of recognition, the defendant is liable to compensate for mental damages suffered by the plaintiff as a tortfeasor, since he/she was aware that C is a spouse, and he/she infringed on the rights of the plaintiff's spouse by interfering with and infringing the marital life with the awareness that C is a spouse.
B. Furthermore, considering all all the circumstances revealed in the argument of the instant case, including the scope of the liability for damages and the period of marital life of the Plaintiff and C, family relationship, the current status of the Plaintiff and C, and the period during which the Defendant continued to maintain the relationship with C, it is reasonable to determine the amount of consolation money as KRW 15 million.
C. Accordingly, the defendant is liable to pay KRW 15,00,000 to the plaintiff and the defendant from May 30, 2020 on the day following the delivery of the copy of the complaint of this case to the defendant.