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1. The Defendant’s KRW 10,000,000 and its related amount are 5% per annum from September 14, 2016 to July 11, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On May 19, 2010, the Plaintiff completed a marriage report with C on May 19, 2010, and had one woman among them.
B. The Plaintiff resided with the Defendant in Jeju-do as well as C after marriage, and the Defendant served in a car page operated by the Plaintiff and C from July 2015 to May 2016.
C. The Plaintiff and C disposed of the above car page, and the Defendant also agreed to go to Australia as well. Since May 2016, C and the Defendant were to attend a English private teaching institute to prepare for studying abroad.
At least from July 3, 2016 to July 21, 2016, the Defendant sent and received Kakakao Stockholm messages from time to time with C, or suggesting a sexual relationship. On July 5, 2016 and July 6, 2016, the Defendant had sexual intercourse two times.
E. On July 22, 2016, the Defendant and C cited their fraudulent act to the Plaintiff.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 8 (including each number), the purport of the whole pleadings
2. Occurrence of liability for damages;
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, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). B.
According to the above facts of recognition, the defendant committed an unlawful act with C while being aware that C has a spouse, thereby infringing on the common life of both the plaintiff and C or hindering their maintenance, and inflicted mental suffering on the plaintiff by infringing on the plaintiff's spouse's right as his spouse. Thus, the defendant is liable to compensate for the mental suffering suffered by the plaintiff.
3. Scope of liability for damages
A. As to the amount of consolation money to be paid by the Defendant, the Plaintiff and C shall be married.