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1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from April 19, 2018 to September 14, 2018.
Reasons
Facts of recognition
A. The plaintiff is the legal spouse of C who completed the marriage report with C on July 6, 1996.
B. The Defendant was the same person with C’s high school from around 2016 to May 2017, and was aware that C was a legally spouse, and entered into an illegal relationship with C with C.
[Ground] The facts that there is no dispute, Gap evidence Nos. 1 through 4, and the ground for a claim for judgment as to the purport of the entire pleadings, shall not interfere with a married couple’s community life falling under the essence of marriage by participating in a married couple’s community life by causing a failure of the married couple’s community life. The third party’s act of infringing a married couple’s community life falling under the essence of marriage by committing an unlawful act with the married couple, interfering with its maintenance, and infringing a spouse’s right as the spouse, thereby causing mental distress to the spouse, in principle, constitutes tort (see, e.g., Supreme Court en banc Decision 201Meu297, Nov. 20, 2014; Supreme Court Decision 2013Meu2441, May 29, 2015). According to the evidence examined earlier, according to the above legal principles, the defendant’s unlawful relationship with C, which led to the failure of the marital life between the plaintiff and C, at least caused the failure of common life between the plaintiff and C.
In addition, the plaintiff can be found to have suffered mental suffering due to the above misconduct of the defendant, so the defendant's above misconduct constitutes a tort against the plaintiff.
Therefore, the defendant is obligated to pay the plaintiff monetary compensation for mental suffering suffered by the plaintiff.
Furthermore, when considering the extent that the defendant entered into an illegal relationship with C, the marriage period of the plaintiff and C, and other circumstances shown in the pleadings, the defendant's establishment of an illegal relationship with C is considered as a whole.