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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 21, 2018 to November 30, 2018.
Reasons
1. Facts of recognition;
A. The plaintiff and C are legally married couple who completed the marriage report on January 9, 2004.
B. C is an insurance solicitor and the Defendant was the customer who subscribed to the insurance products introduced by C. At the same time, on June 14, 2018, the Defendant was sexual intercourse by entering the telecom.
C. The plaintiff maintains a matrimonial relationship with C until now.
[Ground of recognition] Facts without dispute, entries or images of Gap evidence 1 through 3 (including partial number of evidence, hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination:
A. A third party who has a liability for damages shall not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of another person and causing a failure of the couple’s communal living. The third party’s act of infringing upon the couple’s communal living falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse, in principle, constitutes tort.
(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). “Cheating” in this context include not limited to gender relationship, but all acts that are not faithful to the husband and wife’s duty of good faith. Determination as to whether an act was an unlawful act ought to be determined by considering the degree and circumstances depending on a specific case.
(see, e.g., Supreme Court Decision 87Meu5, 87Meu6, May 26, 1987). According to the above legal principles, the defendant was aware that C is a spouse, and the defendant was sexual intercourse. This constitutes an act of infringing upon the plaintiff's right as the plaintiff's spouse, even though C is a spouse.
As to this, the defendant entered with C and her motherel, and only used the mixed sea mar in the toilet to the effect that he did not have sexual intercourse with C.