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1. The Defendants: (a) from May 14, 2018 to Defendant B with respect to each of the Plaintiff KRW 10 million; and (b) on April 11, 2018 to Defendant C.
Reasons
1. Facts of recognition;
A. The Plaintiff and Nonparty E of the Republic of Korea’s nationality (hereinafter “non-party E”) are legally married couple who completed the marriage report on November 22, 2008, and one of the married children, who is a minor, is a child.
B. The Defendants knew that the Nonparty was married to the Plaintiff and was the spouse of the Plaintiff, and Defendant B, from around September 21, 2013, went with the Nonparty as well as the Nonparty, and committed unlawful acts with the Nonparty, such as: (a) around January 9, 2018, Defendant C was traveling along with the Nonparty in Seoul, Ulsan, and racing; and (b) Defendant D had an inappropriate number of South Korea at one’s home; and (c) from around April 26, 2015, Defendant D had an inappropriate number of South Korea at one’s place of accommodation, etc.
[Reasons for Recognition] The admission (which is the basis for recognition between the plaintiff and the defendant B, D), the absence of dispute, each entry of Gap 6 through 13, the purport of the whole pleadings (which is between the plaintiff and the defendant C)
2. Determination
A. 1) In principle, a third party’s act of infringing on a married couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse, thereby constituting tort. 2) According to the above acknowledged facts, it is obvious in light of the empirical rule that the Defendants committed an unlawful act with the Nonparty and thereby infringed on the Plaintiff’s and the Nonparty’s communal life or interfered with their maintenance thereof, and that the Plaintiff suffered considerable mental suffering, the Defendants are liable to pay consolation money for the emotional distress suffered by the Plaintiff.
B. As to the amount of consolation money within the scope of liability for damages, the case is that there are minor children between the Plaintiff and the Nonparty, the age of the Plaintiff and the Nonparty, the period, content and degree of unlawful act between the Defendants and the Nonparty, and the Plaintiff still maintains a matrimonial relationship with the Nonparty.