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1. The defendant's KRW 20,000,000 as well as 5% per annum from April 1, 2020 to September 8, 2020 to the plaintiff.
Reasons
Basic Facts
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 2, the plaintiff is a married couple who reported marriage as of October 22, 2010, and the plaintiff and Eul are two minor children.
In principle, a third party who has established a liability for damages by committing an unlawful act with the spouse, thereby infringing on or impeding the common life of the married couple falling under the essence of marriage and infringing on the spouse's rights as the spouse, constitutes a tort in principle. The term "unlawful act" at this time constitutes a tort. It is a broad concept that includes a sexual intercourse and does not reach up to the sexual intercourse but does not follow the marital duty. It includes any unlawful act that does not conform to the marital duty. Whether it is an unlawful act or not shall be evaluated in consideration of the degree and circumstances of the specific case.
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 3 through 5, 7, and 8 (including the family number), the defendant conspireds with the plaintiff's husband C from 2017 to the middle order of January 2020.
2. Until the end, it is recognized that the defendant had a sexual intercourse several times. Such defendant's act is an infringement on a couple's common life corresponding to the essence of marriage between the plaintiff and C, interfered with its maintenance, and infringed on the plaintiff's spouse's right as the plaintiff's spouse against a couple's common life, and it is obvious in light of the empirical rule that the plaintiff suffered a considerable mental suffering. Accordingly, the defendant has a duty to pay
Considering the amount of consolation money, the period of marriage and family relationship between the plaintiff and C, the degree and period of fraudulent act, the influence of the above fraudulent act on the plaintiff's common life, the circumstances after the fraudulent act was discovered, and all other circumstances shown in the arguments in this case, the consolation money that the defendant is liable to compensate the plaintiff.