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1. The Defendant’s KRW 13,00,000 as well as 5% per annum from May 11, 2018 to April 2, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff and C are married couple who reported their marriage on June 22, 2005.
B. The Defendant knew that C was a woman, and had been between C and C since the second half of 2017.
C. After the Plaintiff became aware of this fact around December 24, 2017, the marital relationship between the Plaintiff and C has significantly deteriorated, and the Plaintiff came to file an application for confirmation of the intention of divorce by agreement around January 2, 2018.
However, since then, the plaintiff withdrawn his intention of divorce, and C withdraws his application for mediation such as divorce filed against the plaintiff on September 12, 2018.
[Evidence] Facts without dispute, Gap evidence Nos. 1 to 2-3, 14, 17-1 and 2-2, Gap evidence Nos. 3 and 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, by committing an unlawful act with C, infringed upon the Plaintiff’s communal living and his/her spouse’s right as the Plaintiff’s spouse. Therefore, the Defendant is liable for compensating the Plaintiff for mental damages arising therefrom.
B. The defendant asserts that the marital relationship between the plaintiff and C had already been in a state of de facto failure before the defendant and C’s religious relationship, but the video products of Gap evidence Nos. 4, Eul evidence Nos. 2-2-4 and Eul evidence Nos. 1 are insufficient to recognize it, and there is no other evidence to acknowledge it. Thus, the defendant’s above assertion is not accepted.
C. Furthermore, regarding the amount of consolation money, there is a health room, the marriage period between the Plaintiff and C, the content and period of the unlawful act committed by the Defendant and C, the impact of the said unlawful act on the marriage between the Plaintiff and C, and the unlawful act