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1. The Defendant’s KRW 20,000,000 as well as 5% per annum from June 13, 2019 to November 27, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff and C are legally married couple who completed the marriage report on January 3, 2003, and two children (D E birth, F G birth, HI birth) are three children.
B. On April 2018, the Defendant became aware of the Republic of Korea’s age clubs C with the main lines of water.
C. From around that time, the Defendant, while knowing that C is a spouse due to marriage, referred to as “self” as “her own,” and was accommodated in a lodging establishment, such as a telecom, etc.
On July 7, 2018, the Plaintiff became aware of the relationship between C and the Defendant only after viewing the conversation between C and the Defendant from the mobile phone of C.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Determination
A. 1) Even if a third party of the relevant legal doctrine is liable for damages, it shall not interfere with a married couple’s community life falling under the essence of marriage by intervening in a marital life of another person, causing a failure of a marital life. The third party’s act of infringing or interfering with the maintenance of a married couple’s community life falling under the essence of marriage by committing an unlawful act with one of the married couple, and infringing his/her spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes a tort in principle (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) In light of the foregoing legal doctrine, according to the foregoing, the Defendant committed an unlawful act, such as aiding with C even though he/she is aware that he/she is a spouse of C, and the Defendant knowingly inflicted emotional distress to the Plaintiff by impairing or impeding
As such, there is a duty to compensate for mental damage suffered by the plaintiff.
B. As to the scope of damages and the amount of consolation money, the health team, the marriage period and family relationship between the Plaintiff and C, and the Defendant and C wrongful act.