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1. The Defendant: (a) KRW 10 million to the Plaintiff; and (b) 5% per annum from October 26, 2016 to July 5, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff and C are legally married couple who completed the marriage report on November 29, 1980, and have two children between them.
B. From November 2013, the Defendant came to know with C, and developed into a relationship with C, and the Defendant sent the closing time along with the closing time.
The Defendant and C referred to as “self-,” and the Defendant sent C any message, such as a Kakakaox, “I think that it is less than possible to see sofrier who is a person who has been fluored to make a payment without any fluor,” “I am fluorrier,” “I am fluorrier,” and “I am fluorrier,” and “I am on the spot in a space of a fluorri, with a certain number of rooms.”
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination:
A. In principle, a third party's act of infringing on or interfering with a couple's communal life falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse constitutes a tort.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014 (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). Meanwhile, “illegal conduct by a spouse” includes a broad concept including a adultery, and includes any unlawful conduct that does not reach the gap between the couple’s duty of mutual assistance, but does not reach the gap between the two (see, e.g., Supreme Court Decision 88Meu7, May 24, 198). Whether it constitutes an unlawful conduct
(2) According to the reasoning of the lower judgment, the lower court determined that the Defendant committed an unlawful act with C, the Plaintiff’s spouse, thereby infringing on the marital relationship between the Plaintiff and C, or causing emotional distress to the Plaintiff by interfering with the maintenance thereof. The Defendant and C’s wrongful act, the content, degree, and duration of the act, the impact of the Plaintiff’s marital relationship, and the relevant wrongful act on the Plaintiff’s marriage.