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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 28, 2015 to October 6, 2016.
Reasons
1. Facts of recognition;
A. The plaintiff and C are legally married couple who completed the marriage report on September 13, 2005, and have D under the chain.
B. Around 2012, the Defendant went with the same church as a husband and wife while doing his/her behavior as a husband and wife, and took part in a short-term mission in the Philippines on August 8, 2013, August 8, 2014, and February 2015.
The defendant referred his SNS to his family and his children as family members C and as C.
C. Unlike the facts, the Defendant spreaded the words that the Plaintiff was pregnant and married to C to the church staff, and insulting the Plaintiff, pointing out the Defendant’s wrongful act, rather than the Plaintiff’s normal circumstances.
The plaintiff maintains a matrimonial relationship with C until now.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 12 (including paper numbers), the purport of the whole pleadings
2. Determination
A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.
(see, e.g., Supreme Court Decisions 2013Meu2441, May 29, 2015; 2004Da1899, May 13, 2005). “Cheating” in this context refers to a wider concept, including the adultery, that does not reach the common sense, but does not reach the common sense, and includes any unlawful act that is not faithful to the husband’s duty of mutual assistance. Whether it is an unlawful act ought to be evaluated in consideration of the degree and situation of the specific case.
(see, e.g., Supreme Court Decision 92Meu68, Nov. 10, 1992). According to the above facts of recognition, the Defendant continued to meet or contact with each other with knowledge that C is a spouse.
This infringes on marital life, which is the essence of marriage, or interferes with maintenance thereof.