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1. The defendant shall pay to the plaintiff KRW 16,00,000 as well as 5% per annum from February 21, 2020 to November 4, 2020, and thereafter.
Reasons
1. Facts of recognition;
A. The plaintiff married with C on August 30, 2004 and has two children.
B. Around 2015, the Defendant came to know of C with the workplace rent, and conspired with C. Around November 2015, the Plaintiff came to know of it and agreed not to contact C with the Plaintiff. However, even though C was again aware of C’s spouse, the Defendant, despite being aware of C’s spouse, had maintained inappropriate relationship, including sexual contacts, with C and B.
C. Meanwhile, the Plaintiff and C maintain marital relations until the date of the closing of the instant argument.
[Based on recognition] Gap evidence 1-1, 2, Gap evidence 2, Eul evidence 3-1, 2, 3, Gap evidence 4, 5, and 6-1, 2, 3, Gap evidence or video, the response of this court's order to submit documents to Eul, the purport of the whole pleadings
2. In principle, a third party who has a liability for damages, by committing an unlawful act with the spouse, thereby infringing on a 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, constitutes a tort (Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). Accordingly, a third party who has a liability for damages is obliged to suffer mental suffering suffered by the spouse.
Examining the above facts in accordance with the above legal principles, it is reasonable to view that the defendant knowingly committed an unlawful act with the knowledge that C is a spouse, thereby infringing upon or interfering with the marital community life and infringing upon the plaintiff's spouse's right as the spouse of C, thereby suffering from mental suffering. Therefore, the defendant has a duty to pay back with money for mental suffering suffered by the plaintiff.
3. Regarding the amount of consolation money that the Defendant is liable to compensate, the period and family relationship between the Plaintiff and C, the period and degree of the Defendant’s and C’s improper act, and the impact of the said improper act on the marriage between the Plaintiff and C.