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1. The Defendant’s KRW 1.5 million to the Plaintiff, as well as 5% per annum from October 15, 2019 to May 14, 2020.
Reasons
1. The act, in principle, of infringing on or interfering with a common life of the married couple falling under the essence of marriage and infringing on the right as the spouse and causing mental distress to the spouse by a third party who has committed an unlawful act with the spouse of the married couple;
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, supra). Comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraphs 1 through 9, both the Plaintiff and C, who completed a marriage report on May 4, 2015, may recognize the fact that they were legally married couple who completed a marriage report on May 4, 2015, the Defendant, knowing that C had a spouse, sent and received Kakakao Stockholm messages with which C had a relationship of relationship with C, or stayed in the Plaintiff’s residence.
According to the above facts of recognition, the defendant has a duty to pay consolation money to the plaintiff, since the defendant violated a marital life falling under the essence of marriage or obstructed the maintenance thereof, and infringed the plaintiff's spouse's right as the plaintiff's spouse for a marital life.
2. In full view of all the circumstances shown in the pleadings of the instant case, including the scope of liability for damages and the marriage period of the Plaintiff and C, the family relationship, the pattern and period of the Defendant and C’s improper act, the circumstances after the fraudulent act was discovered, the Defendant’s improper act was affected by the Plaintiff’s marital relation, etc., it is reasonable to determine consolation money for the Plaintiff as KRW
Therefore, the defendant is obligated to pay to the plaintiff 1.5 million won as consolation money and to pay damages for delay calculated at each rate of 5% per annum under the Civil Act from October 15, 2019 to May 14, 2020, which is the day following the delivery date of a copy of the complaint of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
3. The plaintiff's claim for conclusion is the scope of the above recognition.