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1. The defendant shall pay to the plaintiff KRW 15,00,000 as well as 5% per annum from December 27, 2019 to May 26, 2020, and the next day.
Reasons
1. Facts of recognition;
A. On October 28, 2017, the Plaintiff is married with the spouse of C who completed the marriage report on January 9, 2018, and has D-born daughters between C and C.
B. The Defendant, despite being aware that the workplace partner C is a spouse, maintained the relationship with C, such as having sexual intercourses with the accommodation from June 2019 to November 201 of the same year.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings
2. Determination
A. In principle, a third party who causes damage to a spouse by committing an unlawful act with the spouse, thereby infringing on or impeding the maintenance of a marital life which corresponds to the essence of the marriage and infringing on the spouse's right as the spouse. According to the above facts of recognition, it is reasonable to view that the defendant maintained a marital relationship with C, which is equivalent to the nature of the marriage between C and C, infringed on the spouse's right as the spouse for the marital life, or interfered with the maintenance thereof, and caused mental suffering to the Plaintiff by infringing on the Plaintiff's right as the spouse for the marital life. Thus, the defendant is liable to pay consolation money to the Plaintiff for compensation for tort.
B. In full view of all the circumstances revealed in the pleadings of the instant case, such as the scope of liability for damages and the marriage period of the Plaintiff and C, the family relationship with the minor children, the period and form of fraudulent act, the Defendant’s attitude or the relationship between the Defendant and C, etc., and the Defendant’s fraudulent act, etc., it is reasonable to determine consolation money to the Plaintiff as KRW 15 million.
C. As the Plaintiff seeks, the Defendant is obligated to perform the obligation from December 27, 2019, the following day after the copy of the complaint of this case was served on the Defendant, as a result of the termination of the tort of this case, as the Plaintiff sought.