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1. The Defendant’s KRW 15,00,000 for the Plaintiff and 5% per annum from February 7, 2018 to May 16, 2018.
Reasons
1. Basic facts
A. The Plaintiff and C are legally married couple who completed the marriage report on February 7, 1984, and C and the Defendant have become aware of each other while entering the same golf practice range.
B. While being aware that C is a spouse, the Defendant sent and received a mobile phone message or Kakao Kakao Stockholm message stating that C had sexual intercourses, from May 1, 2017 to May 21, 2017, the Defendant called “I wish to report”, “I love”, and “The Hague Malaysia”.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 11 (including additional numbers) and the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant committed an unlawful act even though he/she is a spouse of C, and as mentioned above, the third party's act of infringing on or interfering with the marital life falling under the essence of the marriage by committing an unlawful act with the spouse and infringing on the spouse's right as the spouse, thereby infringing on the spouse's right as the spouse, constitutes a tort in principle (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). Since it is obvious in light of the empirical rule that the plaintiff suffered considerable mental suffering due to the defendant's illegal act, the defendant is obliged to pay consolation money for the plaintiff's mental suffering. Furthermore, considering all other circumstances indicated in this case, the amount of consolation money to be compensated by the defendant shall be determined as KRW 15,00,000, considering all other factors, such as the period of marriage between the plaintiff and C, the degree and period of illegal act committed by the defendant and C,
B. Therefore, from February 7, 2018 to May 16, 2018, the date following the delivery date of a copy of the complaint of this case to the Plaintiff, the Defendant’s defense against the scope of the Defendant’s performance is 5% per annum under the Civil Act and 5% from the following day to the date of complete payment.