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1. The Defendant’s KRW 15,00,000 as well as the annual rate of KRW 5% from May 9, 2018 to October 4, 2018 to the Plaintiff.
Reasons
Husband and wife shall live together, and have the obligation to support and cooperate with each other.
(Article 826 of the Civil Act). Husband and wife, as a community combining mentally and physically, shall have the duty to cooperate comprehensively between themselves in order to maintain marriage as a marital community by cooperating and protecting each other, and shall have the right to such obligation.
As such, as the content of the marital or marital life maintenance obligation, the married couple bears the sexual duty that should not commit any unlawful act.
If one side of the married couple commits an unlawful act, the other side of the married couple shall be liable for damages caused by a tort against the mental suffering which the spouse has sustained.
On the other hand, a third party shall not interfere with a married couple’s community life, which is the essence of the marriage, such as interfering with a couple’s community life by interfering with another person’s community life.
In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.
(2) In light of the above legal principles, the Defendant is liable to compensate for damages to the Plaintiff’s emotional distress, inasmuch as (a) the Plaintiff was married with C on March 20, 208, and (b) the Defendant committed an unlawful act including a sexual intercourse with C, knowing that C was married to the Plaintiff after having become aware of the fact that C had been married to the Plaintiff on March 20, 2008; and (c) according to the above facts of recognition, the Defendant knowingly committed an unlawful act with C, even though he was aware of the marital relationship with C, thereby infringing upon or interfering with the Plaintiff’s community life, thereby infringing upon the Plaintiff’s right as his spouse, thereby infringing on the Plaintiff’s right as his spouse.