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1. The Defendant’s KRW 15,00,000 as well as 5% per annum from November 26, 2018 to June 13, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff is a legal couple who completed the marriage report with C on December 10, 1997.
B. From around 2015 to 2018, the Defendant, despite being aware that C had a legal spouse, maintained an illegal relationship with C, such as expulsion with C and sexual intercourse.
C. On August 24, 2018, the Defendant: (a) found the Plaintiff’s residence in the Plaintiff’s place of residence and opened the entrance; and (b) decided that the Plaintiff reported to the police on the ground that “the new husband had met for three years with her husband, who was born by her husband for three years; and was born by her abortion.”
【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 2, 5, and 11 (including each number) and the purport of the whole pleadings
2. Determination on the cause of the claim
A. 1) In principle, a third party’s act of infringing on a married couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse by committing an unlawful act with the married couple’s husband and wife, thereby causing mental pain to the spouse constitutes a tort (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). Meanwhile, “illegal act” under Article 840 subparag. 1 of the Civil Act includes all acts that are not faithful to the duty of care as spouse, but are broad concepts rather than so-called “illegal act” rather than so-called “an illegal act” should be evaluated in consideration of the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decision 92Meu68, Nov. 10, 1992). According to the above recognition facts, the defendant knew that C and wrongful act was committed by the spouse C, and thus, the defendant has a duty of pecuniary suffering or mental suffering of the plaintiff.
B. As to the scope of liability for damages and the amount of consolation money that the defendant is liable for.