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1. The Defendant’s KRW 8,00,000 as well as the Plaintiff’s annual rate from November 25, 2017 to June 7, 2018, and the following.
Reasons
1. The plaintiff and C are legal couple who completed the marriage report on August 12, 1980. -
Since 2015, the Defendant had become aware of with C through golf meetings, and maintained illegal relations, such as taking a trip with Chuncheon and shills, or affixing pictures containing a pet language, even though he was aware of the fact that C is a spouse.
There is no procedure of divorce between the plaintiff and C.
[Grounds for Recognition] Unsatisfy, each entry or video of Gap1-9 (including attachment of a provisional number), 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, and includes any unlawful act that does not reach the gap between husband and wife, but does not follow the husband’s duty of mutual assistance, and whether it constitutes an unlawful act ought to be evaluated in consideration of the degree and circumstances of the specific case.
(See Supreme Court Decision 88Meu7 delivered on May 24, 198, and Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.). According to the above basic facts, the Defendant, even though being aware that C is a spouse, maintained an illegal relationship with C.
This constitutes an unlawful act that infringes on a marital life contrary to the essence of marriage or interferes with the maintenance thereof and infringes on the rights of the plaintiff's spouse.
Therefore, the defendant is liable to do so in money for mental damage suffered by the plaintiff.
B. The scope of liability for damages is on the basis.