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1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from August 8, 2019 to July 8, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff and C are legally married couple who completed the marriage report on October 21, 2013.
B. From May 2019 to July 201 of the same year, the Defendant: (a) knew that C is a spouse, such as having an independent met or sexual intercourse, and (b) conspired with C, with the knowledge that C is a spouse.
C. The Plaintiff did not file a divorce lawsuit against C or divorce by agreement.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and purport of the whole pleadings
2. Determination
A. The husband and wife of the liability for damages shall be faithful to the duty of good faith, and commit unlawful acts which are not faithful to the husband and wife’s duty of good faith shall constitute tort against the other spouse.
The defendant has continued to establish a non-human relationship with C even though he was aware that there was the plaintiff who is a legal spouse of C. Since it is obvious in light of the empirical rule that the plaintiff suffered a considerable mental suffering due to the defendant's improper act, the defendant is obliged to pay the plaintiff the mental suffering suffered by the plaintiff in money.
B. In full view of all the circumstances shown in the pleadings of the instant case, including the health team, the content, degree, period, and the period of the unlawful act committed by the Defendant and C, the period of married life and family relationship between the Plaintiff and C, and the impact of the Defendant and C’s unlawful act on the Plaintiff’s marital life, it is reasonable to determine the amount of consolation money to be paid by the Defendant as KRW 20 million.
3. Conclusion, the Defendant, as a result of tort, shall pay to the Plaintiff consolation money of KRW 20 million and the following day from August 8, 2019, the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, to the Plaintiff, 5% per annum prescribed by the Civil Act until July 8, 2020, which is the date of the decision of this court, and shall be repaid from the next day.