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1. The Defendant shall pay to the Plaintiff KRW 15,00,000 and the interest rate of KRW 15% per annum from November 4, 2015 to the date of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff and C are married couple who reported their marriage on May 2, 2011, and have one child under the chain.
B. From September 2014, the Defendant came to know with C, and thereafter, has been developing into C and the relationship with C, and has brought about a non-human relationship, such as sexual intercourse.
C. The Plaintiff and C completed the report of divorce on September 21, 2015.
[Evidence] Facts without dispute, entry of Gap evidence 1 to 12, the purport of the whole pleadings
2. Where a person who has a spouse in a judgment has committed adultery with another person who has a spouse, and as a result, has caused the failure of the marriage by removing, divorced from, or divorced from, his/her spouse, a third person who has committed adultery with another person shall constitute a tort against his/her spouse, and thereby, has a duty to protect the spouse's mental suffering;
(2) According to the reasoning of the judgment below, the court below erred by misapprehending the legal principles as to mental suffering of the plaintiff's spouse, and thereby exceeding the bounds of the principle of free evaluation of evidence, and exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Furthermore, with respect to the amount, the health unit, the marriage period of the Plaintiff and C, the period during which the Defendant and C agreed with each other, the motive and background of the teaching system, the age and background of the Plaintiff and the Defendant, the form of unlawful act, and the confusion between the Plaintiff and C. Barring any special circumstance, in the case of an unlawful act with the spouse, the ordinary liability is larger than that of the other spouse who is obligated to render good assistance under the Civil Act with respect to the spouse, the change of social perception about the adultery after the decision of unconstitutionality of the adultery and the degree of illegality resulting therefrom, and the recent similar case of the court.