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1. The Defendant amounting to KRW 10 million to the Plaintiff and the Plaintiff’s annual rate from June 3, 2016 to September 13, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legal spouse who completed the marriage report on October 5, 1989 with C and C.
B. Around May 2015, the Defendant: (a) opened his/her mobile phone to C; (b) around March 21, 2016, the Defendant and C maintained to C, using the aforementioned mobile phone, including: (c) the Defendant, using the said mobile phone; (d) the Defendant, using the said mobile phone; (c) the Defendant, using the said mobile phone; and (d) the Defendant, using the said mobile phone; and (c) the Defendant, using the said phone; and (d) the Defendant, using the said phone, sent and sent the Kakao
C. The marriage between the Plaintiff and C continues to exist until now.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 18 (including each number for which a branch number has been allowed), the purport of the whole pleadings
2. Determination on the cause of the claim
A. A. A third party’s liability for damages may not interfere with a couple’s community life falling under the essence of marriage by intervening in a couple’s community life of another person. A third party’s act of infringing on or maintaining a couple’s community life falling under the essence of marriage by committing an unlawful act with one of the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). In this case, the term “unlawful act” in a broad concept that includes adultery, but does not reach the adultery, includes any unlawful act that does not comply with the husband’s duty of good faith, and whether it constitutes an unlawful act, shall be evaluated in consideration of the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decisions 8Meu7, May 24, 198; 8Meu268, Nov. 10, 1992).
Therefore, the defendant is under special circumstances.