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1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual interest from August 2, 2018 to April 11, 2019, and the following.
Reasons
The summary of the party's claim as to the cause of the claim is that the plaintiff, by combining the plaintiff's spouse C with the plaintiff's spouse, committed an unlawful act as stipulated in Article 840 subparagraph 1 of the Civil Code, and thus, the plaintiff sought payment of consolation money of KRW 30 million and its delay damages against the defendant.
On this issue, the defendant asserts that C was frequently found in the drinking house where the defendant works and was on behalf of customers, and that C did not have a sexual relationship or a sexual relationship with C.
Judgment
"Unlawful conduct of a spouse" under Article 840 subparagraph 1 of the Civil Act is a broad concept, including the adultery, and includes any unlawful conduct that does not reach a common sense but does not faithful to the husband's duty of mutual assistance (see, e.g., Supreme Court Decision 88Meu7, May 24, 198). A third party's wrongful conduct with the husband's husband and wife, thereby infringing a couple's community life falling under the essence of marriage or interfering with the maintenance thereof and infringing a spouse's right as the spouse, thereby causing mental suffering to the spouse, in principle, constitutes a tort, and a third party is obliged to inflict mental suffering suffered by the spouse.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). Comprehensively taking account of the respective descriptions and arguments in subparagraphs 1 through 3, 5, 7, and 8 (including the number of branch numbers), the Plaintiff was a legally married couple who completed a marriage report on May 30, 2014 with C; ② the Defendant sent a regular contact with C from October 2017 to May 2018; ② the Defendant sent C a mobile phone text message to C, “self-surged male must have a contact; “Isurged male must have a contact”; “Isurged”, “Is,” and “Isn't have a massage.” On the other hand, I left the mobile phone text message to the first time.