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1. The Defendant: (a) KRW 10,00,000 for the Plaintiff and 5% per annum from October 11, 2017 to February 20, 2018; and (b) the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. A third party shall not interfere with a married couple’s communal living which is equivalent to the nature of the marriage, such as interfering with a couple’s communal living by causing the failure of a married couple’s communal living.
In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.
In full view of the purport of the arguments in the statement of Gap evidence Nos. 1 through 3 (including each number), the plaintiff completed the marriage report on May 1, 1998, and the two have a child who is an adult as soon as possible, and the defendant committed a fraudulent act due to the fact that he was aware that C has a spouse, and that he committed a sexual relationship with C while having a spouse, even though he was aware that C has a spouse.
According to the above facts of recognition, the defendant committed an unlawful act with C even though he is aware that he is a spouse of C, thereby infringing on the common life of both the plaintiff and C, obstructing their maintenance, and infringing on the plaintiff's spouse's right as the plaintiff's spouse. Since it is obvious in light of the rule of experience that the plaintiff suffered mental pain, the defendant is obliged to pay consolation money to the plaintiff.
B. Furthermore, with regard to the amount of consolation money, the amount of consolation money shall be set at KRW 10,000,000 in consideration of all the circumstances shown in the pleadings of the instant case, such as the health team, the marriage period of the Plaintiff and C, the existence of children under the chain, the period in which the Defendant continued to commit a fraudulent act with C and C, the course and degree of the fraudulent act, and the degree of family
Therefore, from October 11, 2017 to February 20, 2018, the defendant's 10,000 won and the following day after the delivery date of a copy of the complaint of this case to the plaintiff, which is the date of the judgment of this case.