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1. Of the judgment of the first instance, KRW 15,00,000 against the Plaintiff as to the Defendant and its related thereto, from July 20, 2017 to June 28, 2018.
Reasons
1. Facts of recognition;
A. The plaintiff and C were legally married couple who reported their marriage on May 28, 1999.
B. Since December 2016, C committed an unlawful act, such as having the Defendant contact with the Defendant while working at the Defendant’s workplace, and having the Defendant contact with the individual, as well as going through, doing so.
C. On July 11, 2017, the Plaintiff, on the grounds of the aforementioned fraudulent act, was divorced with C.
[Ground of Recognition] Facts without dispute, entry of Gap evidence 1, each video of Gap evidence 2 through 6 (including paper numbers), the purport of the whole pleadings
2. Determination
A. A. A third party’s liability for damages may not interfere with a married life falling under the essence of the marriage by intervening in a marital life of another person. A third party’s act of causing emotional distress to a married couple’s community by committing an unlawful act with one of the married couple, thereby infringing on a married couple’s community life falling under the essence of marriage, interfering with the maintenance thereof, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes a tort in principle (see, e.g., Supreme Court Decision 2004Da1899, May 13, 2005). According to the above facts, the Defendant committed an unlawful act with C, which is the spouse of the Plaintiff, thereby infringing on a marital relationship between the Plaintiff and C, and causing emotional distress to the Plaintiff, which constitutes tort against the Plaintiff. 2) The Defendant asserted that “Del” is not an unlawful relation with C, and it is difficult to accept the Defendant’s assertion that it did not have access to the foregoing text messages from the Defendant’s text message at the scene.
B. The scope of liability for damages and the marriage period of the Plaintiff and C, the degree and period of fraudulent act, and the contents thereof.