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1. The Defendant’s KRW 15,00,000 as well as 5% per annum from July 20, 2017 to March 8, 2018 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 23, 2013, the Plaintiff completed the report of marriage with C on May 23, 2013, and made one of his/her married life, while carrying out the marital life.
B. After having become aware of C working at the same workplace around September 2016, the Defendant committed an unlawful act, such as going together to the telecom located in the school Dong-dong, Busan on September 10, 2016, with knowledge that C has a spouse through marriage, around 03:49 on September 10, 2016, and around 17:11 on the same day, the Defendant committed an illegal act, such as going together to the telecom located in the Dong-dong, Busan High-gu, Busan.
[Basis] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2, Gap evidence 3-1, 2-2, Gap evidence 4-5, and the purport of the whole pleadings
2. Determination
A. 1) Whether the liability for damages is established or not, a third party's act of infringing on or interfering with the maintenance of a marital life falling under the essence of the marriage and infringing on the spouse's rights thereto, thereby causing mental distress to the spouse, constitutes a tort in principle. Here, the term "unlawful act" is a concept that includes any unlawful act that is recognized as not faithful to the marital duty even if it does not reach the common sense, as a broad concept rather than common sense. According to the above facts established, the defendant committed an unlawful act with C, the spouse of the plaintiff, and this constitutes a tort, which is an act that infringes on or obstructs the marital life falling under the essence of the marriage and infringes on the Plaintiff's rights, which is the spouse, thereby causing mental distress to the plaintiff. 2) The defendant asserts that the marital relationship between C and C, before the defendant and C, had already been extinguished.
In light of the record of evidence No. 5, it is difficult to view that the marriage relationship between the plaintiff and C was already broken down before the defendant committed an unlawful act with C, and due to the defendant's unlawful act, it infringes on or prevents the maintenance of the marital community corresponding to the nature of the marriage.