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1. The defendant shall pay to the plaintiff KRW 20,00,000, and KRW 5% per annum from November 10, 2020 to March 12, 2021, and shall be repaid from the following day.
Reasons
1. Facts recognized;
A. The Plaintiff is a legally married couple who completed the marriage report on February 5, 2009 with C, and one child (the birth, the baby was born in 2013) between C and C.
B. While being aware of the marriage of C, the Defendant, even from June 2019 to July 2020, maintained an illegal relationship including a sex relationship.
[Grounds for Recognition] Unsatisfy, Gap 1 through 7, 11, Eul 1's each entry and video, and the purport of the pleading
2. Determination on the cause of the claim
(a) A third party who has a liability for damages shall not interfere with a married couple’s communal living falling under the nature of marriage, such as intervening in a marital life of another person and resulting in a failure of the married couple’s communal living;
In principle, a third party’s act of infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse’s right as the spouse, thereby causing mental pain to the spouse constitutes a tort (see, e.g., Supreme Court Decisions 2004Da1899, May 13, 2005; 201Meu297, Nov. 20, 2014). According to the above facts of recognition, the defendant committed an unlawful act even though he/she is aware that he/she is a spouse of C, and thereby, committed an act infringing on the Plaintiff’s communal life or interfering with the maintenance thereof, thereby causing considerable mental pain to the Plaintiff.
Therefore, the defendant is liable to compensate the plaintiff for mental damage suffered by the plaintiff due to the above tort.
B. The amount of consolation money shall be determined as KRW 20,000,000, which the Defendant is liable to compensate the Plaintiff, taking into account the following factors: the Plaintiff’s family relationship, including the period of marriage and children, the content, degree and period of the Defendant’s misconduct, the Defendant’s wrongful act, the impact of the Plaintiff’s husband’s common life, the Defendant’
(c)
Therefore, the defendant is a tort against the plaintiff in the amount of consolation money of KRW 20,000,000.