손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 31,00,000 and the interest rate of KRW 12% per annum from November 23, 2019 to the date of full payment.
1. Facts of recognition;
A. The Plaintiff and C are legally married couple who completed the marriage report on October 22, 2013, and have minor children (D) between them.
B. On April 2019, the Defendant became aware of C in the bowlinging place, and started the teaching system. On August 2019, the Defendant knew of pregnancy and known C of it.
C. Around August 2019, around the end of 2019, C: (a) deemed the Plaintiff to have divorced with the Defendant, stating that “I have only a person who is pregnant and9 weeks; (b) I would have raised son.” However, the Plaintiff was not entitled to divorce due to her child; and (c) required the Plaintiff to be the Hague with the Defendant.
After September 2019, the Plaintiff continued to teach C, traveling with C, or shopping, while knowing that C had a spouse and child, and even after November 2019, C was living together with the Defendant while sharing the Defendant’s living expenses.
[Grounds for Recognition] Unsatisfy, Gap evidence 1-19 (including additional number), Eul evidence 3, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts of recognition of the occurrence of liability for damages, the defendant committed an unlawful act with C even though he/she is a spouse of C, and thereby, the plaintiff's marital relationship was infringed or the maintenance thereof was interfered with. Thus, the defendant has a duty to raise mental suffering suffered by the plaintiff in money.
(A) The Defendant asserts that the marital relationship between the Plaintiff and C has already been broken down at the time of his/her her ties with C. However, according to the evidence above, the Defendant appears to have performed a normal marital relationship by living together with the Plaintiff and his/her children before his/her / her her ties are set up, and by exchanging contact with the Plaintiff, the Plaintiff, and the expected time for home home home, etc., and the Plaintiff seems to have an intention to continue the marital relationship by keeping C’s conversation as “voluntary”.
The scope of liability for damages is the background and content of the fraudulent act between the defendant and C.