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1. The Defendant’s KRW 20,000,000 as well as 5% per annum from March 1, 2019 to October 17, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. On April 3, 2007, the Plaintiff and two children are legally married couple who completed the marriage report.
B. The Defendant became aware of C’s work at the same workplace from around 201 to around January 201, and maintained an unlawful relationship with C, such as having sexual intercourse, with C, even though C was aware of the fact that C was a father-Nam.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 12 (including each number in the case of additional number), the purport of the whole pleadings
2. Determination on the cause of the claim
(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community life;
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 2011Meu2997, Nov. 20, 2014). “Cheating” in this context refers to a broad concept, including the adultery, which does not reach a common sense but does not faithfully fulfill the duty of mutual assistance of both spouses, includes any unlawful act. Whether it is an unlawful act or not ought to be evaluated in consideration of the degree and circumstances of the specific case.
(see, e.g., Supreme Court Decisions 88Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). According to the above facts of recognition, the defendant committed an unlawful act despite being aware that C is a spouse. Since the defendant's act is deemed to infringe upon or interfere with the maintenance of the plaintiff's marital relationship, the defendant has a duty to bring about mental suffering suffered by the plaintiff in money.
B. Illegal act between the defendant and C within the scope of liability for damages.