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1. The Defendant’s KRW 18,00,000 and the Plaintiff’s annual rate of KRW 5% from March 23, 2018 to July 17, 2018.
Reasons
1. Basic facts
A. The Plaintiff is a legal couple who completed the marriage report on August 29, 1996 with Nonparty C.
The plaintiff and C came to become aware of while working as a local public official.
There are two children between them (each of 1998 and 199).
B. The Defendant came to know while working in the same office as C at the end of 2015, and came to close from around the end of 2017 or from January 2018 to the adultery.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 12, the purport of the whole pleadings
2. Determination
A. Illegal act in the occurrence of liability for damages includes any act that is not faithful to the duty of good faith as a spouse, and whether it is an unlawful act as a broad concept rather than a so-called simple one should be evaluated in consideration of the degree and circumstances depending on each specific case.
(See Supreme Court Decision 92Meu68 delivered on November 10, 1992). Meanwhile, a third party’s act of infringing on or interfering with a couple’s community life falling under the essence of marriage and infringing on a spouse’s right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes tort.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). Examining the aforementioned facts in accordance with such legal doctrine, it is reasonable to deem that the Defendant committed an act of infringing on or interfering with the communal life of the married couple falling under the essence of marriage by committing an unlawful act with C, thereby infringing on the Plaintiff’s right as the spouse against C, thereby causing 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. As to the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff, the Defendant and C’s wrongful act is committed.