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1. The Defendant’s KRW 15,00,000 as well as 5% per annum from July 28, 2016 to December 21, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legally married couple who completed the marriage report on May 19, 2008 with Nonparty C, and the two are seven years of age and four years of age.
B. After completing the work around May 2016 with C, the Defendant, a workplace company, her workers, dumped their books or maws their cars at late night, and on June 3, 2016, the Defendant was familiar with D hotel located in Gangseo-do and Gangwon-do.
[Ground of recognition] Unsatisfy, part of Gap 1-5 (including virtual number), or the purport of the whole pleadings
2. The act of a third party making a judgment by committing an unlawful act with the spouse to infringe on or interfere with common life of the married couple falling under the essence of marriage and to inflict mental pain on the spouse by infringing on his/her right as the spouse, constitutes a tort in principle;
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the foregoing facts, the Defendant committed an unlawful act with the knowledge that the Plaintiff’s spouse C is a spouse, thereby infringing on the Plaintiff’s community life or interfering with the maintenance thereof, and thereby infringing on the Plaintiff’s right thereto, it is obvious in light of the empirical rule that the Plaintiff suffered emotional distress. Accordingly, the Defendant is obliged to pay for the emotional distress suffered by the Plaintiff in money.
Furthermore, with regard to the amount of consolation money to be paid by the defendant, all circumstances shown in the pleadings, such as health team, the circumstance in which the defendant committed a fraudulent act with C and C, the period and contents of the fraudulent act, the marriage period between the plaintiff and C, and the degree of mental suffering that the plaintiff received due to C and the defendant's wrongful act, shall be determined as 15 million won.
Therefore, the defendant is liable to the plaintiff for consolation money of KRW 15 million and its payment date, and as requested by the plaintiff, the defendant served a copy of the complaint of this case from July 28, 2016, which is the date of this decision from July 28, 2016 to December 12, 2016.