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The defendant's KRW 20,000,000 and about this, 5% per annum from July 29, 2020 to December 9, 2020 to the plaintiff.
Reasons
1. A third party of a related legal doctrine shall not interfere with a married couple’s community life falling under the essence of marriage, such as interfering with a couple’s community life by causing a failure of a married couple’s community life;
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.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014 (see, e.g., Supreme Court en banc Decision 2011Meu2997). Meanwhile, “illegal conduct by a spouse” under Article 840 Subparag. 1 of the Civil Act is a wider concept including adultery, which does not reach the common sense, but does not reach the common sense, and includes any unlawful conduct that is not faithful to the husband’s duty of good faith, and whether it is an unlawful conduct or not should
(See Supreme Court Decision 2010Meu4095 Decided November 28, 2013, etc.). 2. Determination
A. Comprehensively taking account of the overall purport of the pleadings in the statement or video of evidence Nos. 1 through 8 as to the occurrence of liability for damages, the Plaintiff is the spouse of C who completed the marriage report with C on January 11, 201, and the Defendant committed an improper act by entering into an improper relationship, including a sexual intercourse, with C, even though he/she was aware of the marital relationship between Jan. 11, 2020 and Jun. 2020.
According to the above facts of recognition, the defendant violated or interfered with the maintenance of the common life of the plaintiff and C, and the fact that the plaintiff suffered mental suffering is sufficiently ratified in light of the empirical rule. The defendant's improper act constitutes tort under the Civil Act.
Therefore, the defendant is liable to pay consolation money for mental damage suffered by the plaintiff.
B. The scope of the liability for damages that the Defendant should pay to the Plaintiff.