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The defendant's KRW 15,00,000 for the plaintiff and its 5% per annum from January 21, 2020 to October 21, 2020, and the following.
Reasons
1. Basic facts
A. On November 18, 2002, the Plaintiff completed a marriage report with C on November 18, 2002 and had one child.
B. The Defendant passed the examination for public officials of Grade 9 and received the first order from the D Department of Chuncheon Office of Education on March 2019, and sent them to the D Department of Education from October 2019 to the Grade 7 of the D Department of the same D Department, sent them to the C and the end of the week, and sent them in contact with the public machinery at the accommodation from November 2019.
C. When the Plaintiff came to know of the relationship between C and the Defendant on December 12, 2019, C sent a text message to the Defendant on December 13, 2019, stating that “A sent to the Defendant a text message stating that “I wish to give up the Plaintiff, I would not want to give up the assumption, I would be forgotten each other,” and the Defendant also sent C a letter to the Defendant that “I would be able to arrange before the latest time, I would like to send it too to the Plaintiff, and I would return it to the Plaintiff in the future.”
C On December 22, 2019, the Plaintiff was issued a transfer order as of January 1, 2020.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. Determination
A. The act, in principle, of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse's rights, causing mental pain to the spouse by a third party who committed an unlawful act with the spouse of the married couple, constitutes tort.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015 (see, e.g., Supreme Court Decision 2013Meu2441). “Cheating” refers to any other wrongful act deemed not to be faithful to the husband’s duty of sexual good faith, even if it includes the adultery, but does not reach the common sense as a
(See Supreme Court Decision 2010Meu4095 Decided November 28, 2013). According to the above facts, the Defendant is aware that C is a spouse, and the Defendant is a sexual intercourse with C, knowing that C is a spouse.