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1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from October 24, 2019 to May 21, 2020, and the following.
Reasons
1. Facts of recognition;
A. The plaintiff and C are married couple who reported their marriage.
As C’s workplace bonus, the Defendant, knowing that C had a legal spouse, had a marital relationship from January 2018, had an in-depth relationship with C, such as entering into an in-house relationship and exchanging letters “voluntary”, and had a sexual relationship with C several times.
B. The Plaintiff suffered serious inequality in the marriage life with C, such as demanding divorce from C due to the Defendant’s wrongful act.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 4, 5, and 7, the purport of the whole pleadings
2. Determination
A. 1) Husband and wife has a duty to comprehensively cooperate with each other in order to maintain marriage as a married life by cooperating and protecting as a community which is a mental, physical, or economic combination. As such, husband and wife has a right to such duty to live together or maintain a common life of the couple, which shall not engage in any unlawful act. As a matter of course, a third party shall not interfere with a couple’s common life falling under the essence of marriage by participating in a couple’s common life, causing failure of the couple’s common life, etc.; a third party’s act of infringing on or interfering with the couple’s common life falling under the essence of marriage and infringing on the right as the spouse’s right as the spouse, thereby causing mental distress to the spouse, in principle, constitutes tort (see Supreme Court en banc Decision 2011Meu297, Nov. 20, 2014). The Defendant was well aware that C has a legal relation with C and his/her spouse, and the Defendant was suffering from serious mental distress and mental distress of the Plaintiff, etc.
Therefore, the defendant would have contributed to the plaintiff's mental suffering caused by the above tort in money.