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The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment from February 2, 2020 to August 11, 2020.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The plaintiff is a legally married couple who completed a marriage report with C on April 4, 1985, and has one adult child under the chain.
B. Around July 2018, the Defendant came to know of C as a guest at the head office that he worked as his employee, and, with knowledge that C had a legal spouse, entered into a sexual relationship with C with a private man with a man, having knowledge of his legal spouse.
[Ground of recognition] Facts without dispute, entries in Gap's evidence of subparagraphs 1 through 6, or the purport of whole pleadings
2. Judgment on the plaintiff's main claim
A. A. 1) A third party’s liability for damages does not interfere with a married couple’s community life falling under the essence of marriage by intervening in a married couple’s community life by causing a failure of the married couple’s community life. A third party’s act of infringing on or maintaining a married couple’s community life falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the spouse’s right as the spouse, thereby causing mental distress to the spouse, constitutes, in principle, a tort is established (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the aforementioned facts acknowledged, it is reasonable to deem that the Defendant knowingly committed an unlawful act with C with the spouse, thereby infringing on the spouse’s community life falling under the essence of marriage between the Plaintiff and C, and infringing on the Plaintiff’s right as the spouse. Accordingly, it is clear in light of empirical rule that the Plaintiff suffered mental distress. As to this, the Defendant is liable for damages due to a tort against the Plaintiff’s mental distress, and thus, the Defendant is deemed to have breached the legal procedure for divorce and divorce.