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1. The Defendant’s KRW 15,00,000 as well as 5% per annum from June 22, 2016 to March 21, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 15, 1990, the Plaintiff completed the marriage report with C on December 15, 199 and has two children and has maintained the marital life.
B. From around 2012, the Defendant entered into an internal relationship with C, and was born between D police officers and C.
C. Even after the birth of a child between C and C, the Defendant, at the Defendant’s residence, etc. 3 to 4 times a month, had a sexual intercourse with C, and was paid at least KRW 1,00,000 per month.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 2, and 6, the purport of the whole pleadings
2. Determination on the cause of the claim
A. A third party who has a liability for damages shall not interfere with a married couple’s communal living which is the essence of the marriage, such as interfering with a couple’s communal living by causing a failure of the married couple’s communal living.
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.
(2) In light of the above legal principles, the Defendant is liable for mental suffering suffered by the Plaintiff in money, since 2012, even though he/she was aware that he/she was a spouse of C, the Defendant maintained the relationship with C with C, who was born from around 2012, and continued to have sexual intercourse C at the Defendant’s residence, etc., thereby infringing on the Plaintiff’s community life between the Plaintiff and C or impeding their maintenance, and thereby causing mental suffering by infringing on the Plaintiff’s right as his/her spouse and infringing on the Plaintiff’s right.
In this regard, the defendant asserts that C was aware that he was the spouse of C immediately before giving birth to the child between C and C.
The defendant's assertion is the same as that of the defendant.