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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from October 2, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On September 30, 2003, the Plaintiff and two children are legally married couple who completed the marriage report on September 30, 2003.
B. On September 2017, the Defendant continued to have a private and unlawful relationship in a restaurant as follows, after becoming a member of C Company D operated by C around September 2017.
1) From the end of February 2017, in a restaurant near C and the Defendant’s dwelling place, a private person was continued to have been accommodated in the Ecom with C around February 17, 2018.
3) From March 17, 2018 to the following day, even after the Plaintiff’s illegal relation with C was discovered at the end of February 2018, the Jeju Island was traveling along with C. 4) A around May 1, 2018, with C, and was accommodated in F Hotel around the 8th day of the same month.
5) From May 2018, the Plaintiff met C from time to time with Busan Gtel No. H, and met C (6) around September 25, 2018, the film was also viewed with C.
[Ground of recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings, as to Gap's statements and evidences (including branch numbers; hereinafter the same shall apply)
2. Determination on the cause of the claim
A. 1) A third party’s liability for damages does not interfere with a married couple’s communal life falling under the essence of marriage by intervening in a married couple’s communal life of another person. A third party’s act of infringing on or maintaining a married couple’s communal life falling under the essence of marriage by committing an unlawful act with one of the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, in principle, constitutes tort (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). In such case, “unlawful act” refers to a broad concept that includes adultery, but does not reach the common sense, but includes any unlawful act that does not comply with the husband’s duty of good faith, and whether it constitutes an unlawful act.