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1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual rate from December 22, 2017 to August 9, 2018, and the following.
Reasons
1. The Plaintiff and C are legal couple who completed the marriage report on October 27, 2014. -
The defendant knew that C is a spouse of C as a workplace bonus, but from October 2017, C and teaching materials were installed and livered.
[Ground of recognition] Unsatisfy, each entry of Gap1-15 evidence (including attachment of a provisional number), the purport of the whole pleadings
2. Determination
A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). According to the above basic facts, the Defendant committed an unlawful act, such as intercomcing with C, knowing that C is a spouse.
This constitutes an unlawful act that infringes on a marital life contrary to the essence of marriage or interferes with the maintenance thereof and infringes on the rights of the plaintiff's spouse.
Therefore, the defendant is liable to do so in money for mental damage suffered by the plaintiff.
B. Considering various circumstances revealed in the arguments in the instant case, such as the content, degree, and period of the unlawful act committed by the Defendant and C, which can be known from the above basic facts, and the impact of the said unlawful act on the marriage relationship between the Plaintiff and C, the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff is reasonable.
Therefore, the Defendant’s consolation money of KRW 10,00,000 and its equivalent amount are each 5% per annum as stipulated by the Civil Act from December 22, 2017 to August 9, 2018, which is the date of this judgment, and 15% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.