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1. The defendant's KRW 25,00,000 and its amount shall be 5% per annum from May 20, 2020 to November 24, 2020 to the plaintiff.
Reasons
1. Basic facts
A. The plaintiff and C have two children as a legal father who completed the marriage report on December 18, 2003.
B. In 2018, the Defendant, despite being aware of the spouse’s spouse, started school system from around 2018, and committed unlawful acts, such as having traveld and having sexual intercourse.
C. On September 18, 2019, the Defendant and C found the Defendant’s husband as her mother while having committed an illegal act at the her mother, and C suffered injury, such as her husband, her husband, and her husband, on the third floor, in order to avoid the Defendant’s husband, her husband suffered injury from her husband, her husband, and she is under medical treatment until now.
The defendant was divorced from her husband on December 12, 2019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 17, and purport of the whole pleadings
2. The act of a third party making a judgment on the cause of a claim to infringe on a couple's communal life falling under the essence of marriage or interfere with the maintenance thereof, and infringe on the spouse's right as the spouse and thereby inflict mental pain on the spouse, in principle, constitutes tort;
(see, e.g., Supreme Court Decision 2011Meu2997, Nov. 20, 2014). According to the above facts, the defendant, even though he/she is aware that he/she is a spouse of C, had committed an unlawful act for a period of one year, and thereby, he/she infringed on and interfered with the common life of the plaintiff and C, and the fact that the plaintiff suffered emotional distress due to the illegal act between the defendant and C is sufficiently ratified in light of the empirical rule.
Therefore, the defendant is obligated to give monetary compensation to the plaintiff due to the above tort.
Furthermore, with regard to the amount of consolation money, the Defendant shall comprehensively consider the following factors: (a) the period and marriage relationship between the Plaintiff and C; (b) the content and duration of the unlawful act between the Defendant and C; and (c) the Defendant’s unlawful act.