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1. The Defendant’s KRW 6,00,000 as well as annual 5% from May 26, 2016 to October 12, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and C are legally married couple who completed the marriage report on July 6, 2012, and have one child who is suffering from congenital cancer among them.
B. The Defendant, who was a former workplace of C, continued to maintain a close relationship with C around December 2015, by providing a lot of assistance from the beginning of the work place before marriage.
C. The Defendant and C used inter-conscing comments in a reading room of the Kakakakao Akaox group. However, in two thousand rooms, they called “self-conscing” as they talked with each other in a semi-conscing room, and in a drinking house (conscing into a separate room) together with drinking, and sprinking, etc.
The plaintiff and C are not divorced.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings
2. Determination
A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes tort in principle.
(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
(Supreme Court Decision 2010Meu4095 Decided November 28, 2013). According to the above facts, the Defendant, who is the Plaintiff’s spouse, committed an unlawful act with C and C, thereby infringing on the marital relationship between the Plaintiff and C or interfering with its maintenance, thereby mentalizing the Plaintiff.