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1. The Defendant’s KRW 15,00,000 as well as 5% per annum from August 22, 2019 to March 6, 2020, respectively, to the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 12, 2001, the Plaintiff is a legally married couple who completed the commission of interference with C on October 12, 2001 and has one child.
B. In 2018, the Defendant began to teach with C around 2018, and maintained internal relations between C and June 2019 by establishing a sex relationship thereafter.
[Ground of recognition] Facts without dispute, each entry or video of Gap 1 through 8 (including a provisional number), and the purport of the whole pleadings
2. Determination as to the cause of action
(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal life;
In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015 (see, e.g., Supreme Court Decision 2013Meu2441). “Cheating” in this context refers to a broad concept, including the adultery, that does not reach the common sense, but does not fulfill the duty of mutual assistance of both spouses, may include any unlawful act that does not reach the common sense, and whether it constitutes an unlawful act ought to be evaluated in consideration of
(See Supreme Court Decisions 88Meu7 delivered on May 24, 198 and 92Meu68 delivered on November 10, 1992, etc.). According to the above facts of recognition, the defendant is liable to compensate for mental damage suffered by the plaintiff, since C knowingly committed an unlawful act while being in a marital relationship with the plaintiff, thereby infringing upon or interfering with the plaintiff's community life and infringing on the plaintiff's spouse's right as his spouse, thereby suffering from mental suffering.
B. Comprehensively taking account of the evidence and the purport of the entire pleadings as seen earlier.