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1. The Defendant’s KRW 15,00,000 as well as 5% per annum from June 14, 2019 to July 22, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff and C are legally married couple who reported their marriage on April 19, 1985 and have two children.
B. The Defendant and C were engaged in funeral services in the vicinity, and they were aware of a long period of time, and the Defendant, despite being aware that C was a woman of her mother, conspiredd with C from September 2016 to October 2018, and provided video conversations among themselves and exposed to her sexual organ.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 6 (including virtual number), and the purport of whole pleadings
2. Judgment on the plaintiff's claim
A. 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 Supreme Court Decision 201Meu2997 Decided November 20, 2014, etc.). B.
According to the above facts of recognition, since the defendant had been aware that C is a spouse, the defendant had committed an unlawful act for several years, it shall be deemed that the plaintiff violated and interfered with the maintenance of the marital life of the plaintiff and C, and that the plaintiff was suffering from mental pain in light of the empirical rule.
Therefore, the defendant is obliged to give monetary compensation to the plaintiff due to the above tort.
C. Furthermore, the amount of consolation money is determined as KRW 15 million to the Plaintiff in full view of the following factors: (a) the Plaintiff and C’s marriage period and marriage relationship; (b) the content and duration of the unlawful act between the Defendant and C; and (c) the Defendant’s unlawful act on the part of the Plaintiff’s marriage.
Therefore, the defendant is liable to pay consolation money of KRW 15 million to the plaintiff and to pay consolation money to the plaintiff on June 14, 2019, which is the day following the delivery date of a copy of the complaint of this case, as sought by the plaintiff after the date of tort.