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1. The Defendant’s KRW 15,00,000 as well as the annual rate of KRW 5% from July 22, 2019 to January 9, 2020, and the following day.
Reasons
1. A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community 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.) In full view of the overall purport of pleadings and arguments in the descriptions or videos of evidence Nos. 1 through 7, the Defendant may recognize the fact that C knowingly knowingly was in a marital relationship with C from April 2018 to January 10, 201, while maintaining an unlawful relationship with C, such as having a sexual intercourse.
According to the above facts of recognition, it is reasonable to view that the defendant committed an unlawful act with knowledge that C is a spouse, thereby infringing upon or interfering with the plaintiff's communal life and infringing on the plaintiff's spouse's right as the spouse, thereby suffering from mental suffering. Therefore, the defendant is liable to compensate for mental suffering suffered by the plaintiff.
2. The plaintiff's improper act, the period of marriage between the plaintiff and C, the contents and degree of the fraudulent act between the defendant and C, and the defendant's wrongful act, which can be seen in full prior to the scope of liability for damages.