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1. The defendant's KRW 15,00,000 and its amount shall be 5% per annum from May 27, 2020 to October 7, 2020 to the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff and C are legally married couple who completed the marriage report on October 11, 2012.
B. From November 2018 to January 2020, the Defendant: (a) knew that C is a spouse, and continued to contact C with C; and (b) had sexual intercourses with C.
C. The Plaintiff did not file a divorce lawsuit against C or divorce by agreement.
[Reasons for Recognition] Each entry and video of Gap evidence Nos. 1 through 6 (including paper numbers) and the purport of the whole pleading
2. Determination
A. The husband and wife of the liability for damages shall be faithful to the duty of good faith, and commit unlawful acts which are not faithful to the husband and wife’s duty of good faith shall constitute tort against the other spouse.
The defendant has continued to establish a non-human relationship with C even though he was aware that there was the plaintiff who is a legal spouse of C. Since it is obvious in light of the empirical rule that the plaintiff suffered a considerable mental suffering due to the defendant's improper act, the defendant is obliged to pay the plaintiff the mental suffering suffered by the plaintiff in money.
In this regard, the defendant asserts that, at the time of the first arrival of C, the marital relationship with C had already been broken down, and that C had commenced to believe that it was while living together with the Plaintiff, and that C had been able to believe and continuously interfered with it, and that it was not responsible for it.
However, even according to the Defendant’s assertion, the Defendant was aware that C had been married with the Plaintiff but was in a separate state, and the Defendant was aware that C was a spouse at the time of performing the religious task with C. Furthermore, the evidence submitted by the Defendant alone was insufficient to the extent that the marital relationship between C and C was significantly unreparable at the time of committing an unlawful act with C.