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1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of 5% from August 29, 2018 to November 27, 2018, and the following.
Reasons
Plaintiff’s assertion
In summary, the defendant committed unlawful acts, such as having sexual intercourse with C, even though he/she is aware that C is a spouse of the plaintiff's spouse.
The defendant's act constitutes a tort.
Therefore, the defendant is obligated to pay consolation money of KRW 50,000,000 and delay damages for mental suffering suffered by the plaintiff.
Judgment
(a) A third party shall not interfere with a married couple's community life falling under the essence of marriage, such as interfering with a couple's community life by causing a failure of a married couple's community;
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 en banc Decision 201Meu2997 Decided November 20, 2014, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc. (see, e.g., Supreme Court en banc Decision 201Meu297, Nov. 20,
The following facts may be acknowledged according to the purport of Gap evidence Nos. 1 through 7 (including branch numbers) and the whole pleadings.
1) On July 25, 1996, the Plaintiff married with C on July 25, 1996, and had two children among them. (2) The Defendant has been married with the Plaintiff and C at any time with their long-term friendship.
3 The defendant joined with C several times from January 2018 to February 2018.
C. According to the facts of recognition, it is reasonable to view that the Defendant committed unlawful acts, such as having a sexual relationship with C, knowing that C is a spouse.
Since it is apparent in light of the empirical rule that the Plaintiff, who is the spouse of C due to the above tort, suffered considerable mental pain, the Defendant is obliged to pay for the emotional distress suffered by the Plaintiff in money.
Furthermore, the plaintiff and C's period of marital life and children.