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1. The Defendant’s KRW 5,00,000 and the following day shall be 5% per annum from June 14, 2016 to February 16, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff and C are legally married couple who completed the marriage report on February 12, 2013.
B. C is running a construction business with the trade name “D” in the name of the Defendant, and the Defendant frequently met at the Defendant’s office located in Chuncheon City, etc., and on August 21, 2013, the Defendant phoneed the Plaintiff on August 21, 2013 and sent to the Plaintiff a photograph that C is one of the Defendant’s home and sent to the Plaintiff on November 2014. Around that time, C sent a text message referring to “A” to the Plaintiff as “her husband within her husband.”
On April 9, 2016, the mobile phone of C is stored a photograph of the defendant and C which has been laid down within a passenger car.
C. On October 22, 2016, C prepared a letter to the effect that the Plaintiff would not have the Defendant since the family influence is due to the Defendant, and that the Plaintiff would not have the Defendant.
【Ground of recognition】 In the absence of dispute, each statement of Gap evidence Nos. 1, 5, 8, 9, 10, 12, 16, 19, 21, 28, 29, 30 (including branch numbers; hereinafter the same shall apply), Gap evidence Nos. 6, 7, and 20, and the purport of the whole pleadings
2. Where a matrimonial relationship has occurred with a person who has a spouse to be liable for damages and a person who has committed an unlawful act, such as divorce, etc., the person who has a spouse and a third party who has committed an unlawful act shall constitute a tort against the spouse of the third party, and thereby, the third party shall be jointly and severally liable for the mental suffering suffered by the spouse of the third party
(See Supreme Court Decision 2004Da1899 Decided May 13, 2005). Also, the phrase “illegal act by a spouse” under Article 840 subparag. 1 of the Civil Act includes a wider concept, including the adultery, includes any unlawful act that does not reach the gap between the couple, but does not fulfill the duty of mutual assistance of the couple (see, e.g., Supreme Court Decision 88Meu7, May 24, 198). According to the above facts of recognition, according to the above facts of recognition.