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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is married with C on August 20, 193 and has been married with C until now, and the Defendant committed an unlawful act, such as maintaining a continuous relationship with C around 2009 with knowledge that C is a married person.
B. From March 2009, the Plaintiff became aware of the relationship between C and the Defendant, and around December 2010, the Plaintiff became aware of the fact that C still continues to reach an agreement with the Defendant, and even thereafter, the Plaintiff continued to commit an unlawful act on January 23, 2013, and thereafter, sought a divorce with C.
C. From June 2015 to May 2016, the Defendant made several calls, etc. between C and C.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4 (including additional numbers), Eul evidence 1 to 3, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserts that, since the Defendant committed an unlawful act with the Plaintiff’s husband from around 2009 to January 201, 2016, the Plaintiff interfered with the married couple’s communal life, the Defendant is obliged to pay KRW 30,000,000 to the Plaintiff for mental compensation for the tort.
B. On the other hand, the defendant asserts that it cannot respond to the plaintiff's request for the following reasons.
① From around January 23, 2009 to January 23, 2013, the Plaintiff was also aware of the Plaintiff at that time, and the claim of this case for which three years passed thereafter was completed.
(2) From January 23, 2013, there is no act of misconduct with C.
3. Determination
A. A third party of the relevant legal doctrine shall not interfere with a married life falling under the essence of marriage by interfering with a married couple’s communal life by causing a failure of a married couple’s communal life. In principle, a third party’s act of infringing on or interfering with a married couple’s communal life falling under the essence of marriage and infringing on a spouse’s right as the spouse, thereby causing mental distress to the spouse.