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1. The defendant's KRW 18,00,000 for the plaintiff and 5% per annum from April 28, 2020 to October 23, 2020 for this.
Reasons
1. Facts of recognition;
A. The plaintiff is a legal couple who completed the marriage report with C on May 24, 1988 and has two children.
B. The Defendant, even though being aware of the fact that C was a legally spouse, maintained an unlawful relationship, such as returning to C from around 2019, to a relationship with C with his/her family.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings
2. Determination on the cause of the claim
A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the aforementioned facts, the Defendant, even though being aware that C is a spouse, committed an unlawful act with C, thereby infringing upon the Plaintiff’s community life or interfering with the maintenance thereof, and infringing on the Plaintiff’s right as the spouse, barring any special circumstance, is obliged to engage in monetary injury inflicted on the Plaintiff.
B. Considering the marriage period and family relation between the Plaintiff and C, the degree and period of fraudulent act, the influence of the said fraudulent act on the Plaintiff’s marital life and other circumstances revealed in the argument of the instant case, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 18,00,000.
Therefore, the defendant's 18,00,000 won and its corresponding amount after the date of tort, as claimed by the plaintiff, shall be 5% per annum as stipulated in the Civil Act from April 28, 2020, which is the following day after the delivery of a copy of the complaint of this case, until October 23, 2020, which is deemed reasonable for the defendant to resist the existence and scope of the obligation.