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1. The defendant shall pay to the plaintiff KRW 13,00,000 as well as 5% per annum from March 12, 2020 to December 16, 2020, and thereafter.
Reasons
1. A third party of a related legal doctrine shall not interfere with a married couple’s community life falling under the essence of marriage, such as interfering with a couple’s community life by causing a failure of a married couple’s community life;
In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014 (see, e.g., Supreme Court en banc Decision 2011Meu2997). Meanwhile, “illegal conduct by a spouse” under Article 840 Subparag. 1 of the Civil Act is a wider concept including adultery, which does not reach the common sense, but does not reach the common sense, and includes any unlawful conduct that is not faithful to the husband’s duty of good faith, and whether it is an unlawful conduct or not should
(2) According to the purport of each of the statements and arguments and evidence Nos. 1 through 18, the Plaintiff is a married couple who completed a marriage report with C on February 8, 2019, and the Defendant, even though he/she was aware of the marital relationship between C and the Plaintiff from August 28, 2019 to April 2020, may recognize the fact that the Plaintiff was in a marital relationship with C.
According to the above facts of recognition, the defendant violated or interfered with the maintenance of the common life of the plaintiff and C, and the fact that the plaintiff suffered mental suffering is sufficiently ratified in light of the empirical rule. The defendant's improper act constitutes tort under the Civil Act.
Therefore, the defendant is obligated to pay consolation money for mental damage suffered by the plaintiff due to the above tort.
3. The scope of liability for damages is that the Defendant should pay consolation money to the Plaintiff, as well as that for non-property damage suffered by the tort.