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1. The Defendant’s KRW 10,000,000 for the Plaintiff and the following: 5% per annum from October 28, 2017 to January 23, 2018.
Reasons
1. The following facts can be acknowledged as either in dispute between the parties or in full view of the purport of the entire pleadings on the images of evidence A No. 2.
On October 24, 2007, the plaintiff (ma) and C (C) have two children under the slurbly as married couple who completed the marriage report.
B. C around November 2016, at the time of the Defendant’s operation, had the Defendant work as a part-time lecturer at the test room, and had the Defendant work as part-timers, and became close to the Defendant’s payment.
C. From January 2017, the Defendant and C committed unlawful acts, such as exchanging or having sexual intercourses with each other, with the content of “I am aware that the other party has been married and having a spouse,” on several occasions during several months from around January 2017, the Defendant and C had been aware of the fact that the other party had a spouse.
2. Determination as to the cause of claim
A. According to the facts found as above, the Defendant knew that C is the Plaintiff’s spouse, and committed an unlawful act for a considerable period of time. As such, the Defendant, as a matter of principle, has a duty to protect the Plaintiff’s mental suffering suffered by the Defendant’s tort in money by infringing or maintaining a marital life that corresponds to the essence of marriage by committing a third party’s illegal act with the spouse, and by infringing the spouse’s right as the spouse, thereby causing mental suffering (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014; Supreme Court Decision 2013Meu2441, May 29, 2015).
B. Furthermore, considering various circumstances, such as the amount of consolation money that the Defendant is obligated to pay to the Plaintiff, the period of marriage between the Plaintiff and C, the content and duration of the act committed by the Defendant with C and C, and the impact of the said unlawful act on family relations.