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1. The Defendant’s KRW 18,00,000 and the Plaintiff’s annual rate of KRW 5% from December 18, 2019 to September 23, 2020, respectively.
Reasons
1. Facts of recognition;
A. The plaintiff and C are legally married couple who completed the marriage report on December 13, 2006.
B. From May 2019 to October 2010 of the same year, the Defendant: (a) knew that C is a spouse, and continuously contacted C with C, such as having a sexual intercourse with C.
C. The Plaintiff did not file a divorce lawsuit against C or divorce by agreement.
[Ground of recognition] The descriptions of Gap evidence Nos. 1, 2, Eul evidence No. 1 (including each number), and the purport of the whole pleadings
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.
B. The Defendant’s assertion and determination that the marital relationship between the Plaintiff and C was in a state of failure, irrespective of the Defendant’s and C’s wrongful act.
In contrast, there is no evidence to deem that the marital relationship between the Plaintiff and C had already been in the state of bankruptcy regardless of the Defendant’s and C’s wrongful act.
Furthermore, even if the plaintiff and C had suffered from a certain degree of inequality, they are sufficiently expected to cause problems to a smooth marital life due to conflict and extinguishment that may arise in the marital life. Therefore, both spouses are jointly obligated to make efforts to overcome such problems through the difficulties and interests of each other, self-regulation, and opinion about the intent to maintain the marital relationship.