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The defendant paid KRW 20,00,000 to the plaintiff and 5% per annum from May 16, 2020 to November 5, 2020.
Reasons
1. Facts of recognition;
A. On November 27, 2003, the Plaintiff is a legally married couple who completed a marriage report with C on November 27, 2003 and has two children between C and C.
B. From the end of 2016 to the beginning of 2019, the Defendant committed an unlawful act by putting C in a personal relation as a sexual intercourse.
【Fact-finding without a dispute over the basis of recognition, Gap's evidence 1, 8, 9, Eul's evidence 3 and 20, the purport of the whole pleadings
2. Determination:
A. (1) A third party’s liability for damages shall not interfere with a married couple’s communal living falling under the essence of marriage by interfering with a married couple’s communal living by causing a failure of the married couple’s communal living, etc. A third party’s unlawful act with either side of the married couple, thereby hindering a married couple’s communal living falling under the essence of marriage. A third party’s act of infringing on or interfering with a married couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the right as the spouse’s right, thereby causing emotional distress to the spouse
(2) According to the above facts of recognition, the Defendant committed an unlawful act with the knowledge that C is a spouse, thereby infringing upon the Plaintiff’s spouse’s right as his/her spouse by interfering with it, and it is apparent in light of the empirical rule that the Plaintiff suffered emotional distress due to the Defendant’s unlawful act, and thus, the Defendant is liable to compensate for the Plaintiff’s emotional distress as a tort.
On the other hand, the plaintiff alleged to the effect that the defendant had harmed the plaintiff by threatening the plaintiff and spreading false facts with C, but it is not enough to recognize that the statement of the evidence No. 3 alone made a tort by threatening the plaintiff or impairing the plaintiff's reputation, and that there is any other evidence to acknowledge it.