Text
1. The Defendant: (a) KRW 15 million to the Plaintiff; and (b) 5% per annum from March 30, 2017 to November 24, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 10, 199, the Plaintiff has one minor child under the chain of law as a husband and wife who completed the marriage report with C and C on June 10, 199.
B. Around December 2015, the Defendant became aware of C with the same company rent. By March 2017, the Defendant, despite being aware of the fact that C was protruding, did not want to report C by message or telephone with the knowledge of the fact that C was protruding and did not want to report C, or expressed his/her living together with C, and maintained an inappropriate relationship with C, such as going to the maternity, around February 2017.
C. On March 11, 2017, the Defendant prepared and issued a written statement to the Plaintiff, which held the relationship with C, stating that “the Plaintiff would have interfered with inappropriate relations, including the relationship with C several times and terminate the relationship with C thereafter.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, evidence Nos. 4 (Dismissal of Evidence, the defendant alleged that this document was made by the plaintiff's coercion, but there is no evidence to acknowledge it) 5, 6 (including each number), and the purport of the whole pleadings
2. Determination on the cause of the claim
A. A. A third party shall not interfere with a married couple’s community life falling under the essence of marriage by intervening in a couple’s community life of another person. A third party’s act of infringing on or maintaining a couple’s community life falling under the essence of marriage by committing an unlawful act with one of the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, in principle, constitutes tort (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). In such case, “unlawful act” refers to a broad concept that includes adultery, but does not reach the common sense, but includes any unlawful act that does not comply with the husband’s duty of good faith, and whether it is an unlawful act or not, depending on specific cases.