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1. The Defendant’s KRW 15,00,000 for the Plaintiff and 5% per annum from May 13, 2017 to December 15 of the same year.
Reasons
1. Facts of recognition;
A. The plaintiff married with C on August 3, 1994 and has one child under the chain.
B. Around December 2015, the Defendant came to know of C’s legal affairs as a matter of handling C’s legal affairs, and maintained an inappropriate relationship by not later than May 2017, such as giving and receiving frequent contacts with C by message or telephone call with the knowledge of the fact that C is protruding.
C. C For the same year as April 14, 2017
4. 24. On May 2, 2017, the Plaintiff prepared and issued to the Plaintiff a letter stating that “The Defendant would have caused improper relations, including the C and multiple sexual relations, and cut off the relationship with C”.
[Ground for recognition] Facts without dispute, Gap evidence Nos. 1 through 15 [including branch numbers; the defendant claims that Gap evidence No. 13 (Dismissal) was made by the plaintiff's coercion; however, there is no evidence to acknowledge it], and the purport of the whole pleadings.
2. Determination on the cause of the claim
(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person'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 Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the above facts of recognition, the defendant committed an unlawful act even though he/she is a spouse of C. Since the defendant's act infringed upon the plaintiff's marital relationship or interfered with the maintenance thereof, the defendant suffered mental suffering.