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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 17, 2019 to May 22, 2020.
Reasons
1. Facts of recognition;
A. The Plaintiff and C are married couple who reported their marriage on December 20, 2006.
B. The Defendant became aware of C on May 2019, and thereafter, the Defendant knew that C was pro-Nam, even though he was aware that C was pro-Nam, the Defendant knew that C was pro-Nam, and thereafter, he did not reach with C any longer thereafter. However, according to the overall purport of the statements and arguments in subparagraphs 5 and 7, in light of the overall purport of the statements and arguments in Articles 5 and 7, C was only with the Defendant, and it was recognized that C was pro-Nam, and there was no other counter-proof evidence.
(A) The Defendant alleged that C had known of the Plaintiff’s wrongful act and had known of the fact that C had left to the Plaintiff, and that C had not known of the fact that C had left to the Plaintiff, but did not submit any particular material up to now. The Defendant committed an unlawful act, such as having sexual intercourse with C.
C. The Plaintiff became aware of this fact around October 24, 2019, and the marital relationship between the Plaintiff and C has considerably deteriorated, and the Plaintiff is receiving mental treatment until now.
[Evidence] Facts without dispute, Gap evidence Nos. 1, 3 through 8-2, 10-1 to 12, the purport of the whole pleadings
2. Determination
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 2013Meu2441 Decided May 29, 2015). In the instant case, according to the aforementioned facts of recognition, the Defendant committed an unlawful act with C, thereby infringing the Plaintiff’s community life and the right as the spouse thereof. Therefore, the Defendant is liable for compensating the Plaintiff for mental damages arising therefrom.
B. Furthermore, with respect to the amount of consolation money, the period of marriage between the plaintiff and C, and