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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 30, 2018 to November 8, 2018.
Reasons
1. Facts of recognition;
A. The plaintiff is a husband and wife who completed the marriage report on September 11, 1995.
B. Around December 2013, the Defendant became aware of C, and thereafter, contacted with C, and was paid back, and made a trip abroad with C.
C. On September 11, 2016, the Defendant written a confirmation of the fact that “The Defendant, from August 201, 2015, brought about an inappropriate son as from August 1, 2015, committed an absolute promise to communicate with C and to know himself as a crime, and to communicate with him/her continuously and appropriately as of May 10, 2016, the Defendant was dismissed on August 13, 2016.”
C On September 6, 2016, 2016, the Defendant written a letter to D, stating that “from August 2015, 2015 to May 9, 2016, it has caused an inappropriate relationship with the Defendant, a male father, to be included in the sex.”
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. Determination:
A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s community life falling under the essence of marriage and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse, thereby causing mental pain to the spouse constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). The term “unlawful act” in this case is a broad concept that includes the adultery, but does not reach common sense, includes any unlawful act that does not conform to the husband’s duty of good faith, and whether it is an unlawful act or not shall be evaluated in consideration of the degree and circumstances of the specific case (see Supreme Court Decisions 8Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). According to the above recognized facts, according to the Defendant’s knowledge that the spouse is a spouse, thereby infringing on the spouse and the spouse’s common life of the Plaintiff, C and C.