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1. The defendant shall pay to the plaintiff KRW 13,00,000 as well as 5% per annum from February 24, 2020 to June 17, 2020, and thereafter.
Reasons
1. Facts of recognition;
A. The Plaintiff married with C on March 26, 2012.
B. On June 2018, the Plaintiff and C jointly operate the “E” located in the Gu and Si, and the Defendant registered as E as a member of the Plaintiff and served as an instructor after completing the instructor training. In recognition of the existence of the spouse, C, even if he/she had maintained an inappropriate relationship for one year beginning with the teaching system, and around August 16, 2019, the Defendant and C were witnessed.
C. Meanwhile, the Plaintiff and C maintain marital relations until the date of the closing of the instant argument.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-3, Gap evidence 2-1, Gap evidence 4 and the purport of the whole pleadings
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. As to the amount of consolation money that the Defendant is liable to compensate, the arguments of the instant case are shown in the Health Team, the period and family relationship of the Plaintiff and C, the period and degree of the Defendant’s wrongful act, the impact of the said improper act on the marriage between the Plaintiff and C, and circumstances after the act was revealed.