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1. The Defendant’s KRW 10,000,000 and the annual rate of KRW 5% from April 1, 2017 to September 5, 2019 to the Plaintiff, and the following.
Reasons
1. The plaintiff and C are legally married couple who has reported their marriage.
The Defendant, even though he was aware that C had a spouse while working in a D post office from the end of 2016 to January 17, 2017, had a sexual intercourse with C and her mother.
Around April 2017, the Plaintiff became aware of the non-wheeled relationship between the Defendant and C, and had a separate life with C for a considerable period thereafter, and as of the date of closing argument, there is no separate use of each room and no substantial marital relationship.
[Reasons for Recognition] Unsatisfy, Gap evidence 5, 8, Eul evidence 8, the purport of the whole pleadings
2. The plaintiff's assertion that the defendant committed an unlawful act with C and C, who is the plaintiff's spouse, and the marital relationship between C and C was broken down. Since the plaintiff suffered mental suffering, the defendant is liable to pay consolation money of KRW 50,000,000 and delay damages to the plaintiff as compensation for damages caused by such unlawful act.
3. The judgment-making third party shall not interfere with a married couple's community life falling under the essence of marriage, such as interfering with a couple's community life by causing a failure of a couple's community life;
In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.
(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). According to the foregoing legal doctrine, according to the health team and the above facts of recognition, the Defendant maintained an inappropriate relationship with the Plaintiff from the end of 2016 to January 17, 2017, and committed an act infringing upon and impeding the maintenance of the marital life of the Plaintiff and C, and due to the Defendant’s tort.