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1. The defendant is 5% per annum from July 22, 2020 to February 9, 2021 to the plaintiff.
Reasons
1. Facts of recognition;
A. On November 16, 1982, the Plaintiff and C have four adult children as their husband and wife under the law who completed the marriage report.
B. From around 2018, the Defendant first known of C and singing with C while doing an act, and subsequently, knew of C’s spouse, the Defendant committed unlawful acts, such as entering C and regularly with C, with knowledge of the fact that C had a spouse.
(c)
C On February 24, 2020, after being written together with the Defendant and the her mother, died of cerebral brain as of March 13, 2020.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination on the cause of the claim
A. A. A third party who has established liability for damages shall not interfere with a married couple’s communal living falling under the nature of marriage, such as interfering with a couple’s communal living by causing a failure of the couple’s communal living.
In principle, a third party’s act of infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse, thereby causing mental distress to the spouse, constitutes a tort (see Supreme Court Decision 2011Meu2997, Nov. 20, 2014). According to the above facts of recognition, the defendant, knowing that the spouse is a spouse, committed an unlawful act with C, thereby infringing on the common life of the married couple falling under the essence of marriage or impeding the maintenance thereof, and causing mental distress to the Plaintiff by infringing on the Plaintiff’s rights as the spouse for common life of the married couple with C. Thus, the Defendant is obliged to compensate for mental distress inflicted on the Plaintiff.
On the other hand, the Plaintiff is also liable for tort liability on the ground that C did not immediately contact the Plaintiff at the time when C was used in the telecom and caused the Plaintiff to not view the last form of the Deceased.