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1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from December 19, 2019 to August 14, 2020; and (b).
Reasons
1. Basic facts
A. The plaintiff has two children under the chain of law as a married couple who completed the marriage report in around 199 with C and C.
B. The Defendant and C together worked as an executive officer and employee of the corporation E located in Yongsan-gu, Busan Metropolitan City. On October 16, 2019, the Plaintiff was discovered to the Plaintiff after entering the telecom, and the Plaintiff was found to have committed an unlawful act for about three years.
C. The Plaintiff filed an application with C for confirmation of the intention of divorce, but the said application was subsequently withdrawn.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings
2. The assertion and judgment
A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014 (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). The term “illegal act” in this context includes a broad concept, including the adultery, and includes any unlawful act that does not reach the common sense, but does not fulfill the duty of mutual assistance of both spouses, and whether it is an unlawful
(See Supreme Court Decision 2010Meu4095 Decided November 28, 2013, etc.). According to the foregoing facts, it is reasonable to view that the Defendant committed an act of infringing upon or interfering with the communal life of the married couple falling under the essence of marriage and causing mental suffering to the Plaintiff by infringing upon the Plaintiff’s right as the spouse, by committing an unlawful act with C knowing the fact that C is the spouse of the spouse.
Therefore, the defendant shall compensate the plaintiff for mental damage suffered by the plaintiff due to the above illegal act.