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1. The Defendant’s KRW 18,00,000 as well as the annual rate of KRW 5% from April 30, 2016 to August 9, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legal spouse who completed the marriage report on February 26, 2010 with Nonparty C.
B. The Defendant was aware of the entry of the same company as C, and was in infinite relationship including physical relationship with C from June 2015.
C. The Defendant and C posted a letter, photograph, etc. on the URL website in the process of establishing a non-wheeled relationship.
The notice of the web site, etc. includes the contents that the defendant recognizes that C has a child as a son, and the contents that can confirm the fact that the defendant has a physical relationship over several times.
【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 29 (if there is an additional number, including various numbers), the purport of whole pleadings
2. Determination
(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal 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 Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the aforementioned facts, the Defendant is liable to compensate for mental damages suffered by the Plaintiff, inasmuch as C, even though having knowledge of the fact in a marital relationship with the Plaintiff, committed an unlawful act, thereby infringing on or interfering with the Plaintiff’s communal life, infringing on the Plaintiff’s right as the Plaintiff’s spouse, thereby suffering from mental pain.
B. The scope of liability for damages, including the period of marriage and family relationship between the Plaintiff and C, the period and contents of the illegal act between C and the Defendant, and the degree of the failure of marriage.