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1. The Defendant’s KRW 15,00,000 as well as 5% per annum from August 22, 2019 to November 29, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legally married couple who completed the marriage report with C on May 1, 2012.
B. The Defendant committed unlawful acts, such as having sexual intercourse C, while being aware of C and workplace post-ship, and maintained such relationship from June 2018 to September 201 of the same year, and arranged the relationship with the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, 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, it is reasonable to deem that the Defendant committed an unlawful act with the Plaintiff’s spouse, thereby infringing on the marital relationship between the Plaintiff and C or interfering with its maintenance, thereby suffering mental pain on the Plaintiff. As such, the Defendant is obliged to bring the Plaintiff to money for emotional distress suffered by the Plaintiff.
B. Considering the marriage period, marital relationship and family relationship between the Plaintiff and C, the content and duration of the unlawful act, the influence of the said unlawful act on the marriage between the Plaintiff and C, and all other circumstances shown 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 15,00,000.
Therefore, the defendant's 15,00,000 won and its corresponding amount after the date of tort, upon the plaintiff's request, shall be 5% per annum as stipulated in the Civil Act from August 22, 2019, which is the day following the delivery date of a copy of the complaint of this case until November 29, 2019, which is deemed reasonable for the defendant to resist the existence and scope of the obligation.