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1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:
The defendant.
Reasons
1. Determination on the cause of the claim
A. Comprehensively taking into account the following facts: (a) the Defendant and C’s Cheating parties have no dispute; (b) Gap evidence Nos. 1 through 8 (including branch numbers), Eul evidence Nos. 1 and Eul evidence Nos. 1; and (c) the overall purport of the pleadings is as follows: (a) the Plaintiff and C have married on October 28, 1986; (c) they have two children of 1987 and 194; (b) the Defendant and C entered the telecom on April 1, 2017 and April 8, 2017; (c) they remitted KRW 2 million to the Defendant on September 20, 2007; and (d) remitted the Defendant KRW 3 million to C on October 11, 2007; and (e) the Defendant’s transfer of KRW 300,000,000 to C on January 16, 2011.
According to the above facts, it is reasonable to view that the defendant received money from C several times from around 2007, and the defendant's children also maintained close relations with C by receiving a large amount of money from C, and that C has continuously entered into an inhumanity relationship with C with C with knowledge of the fact that C has a spouse.
B. In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s community life falling under the essence of marriage and infringing on the spouse’s right as a spouse by committing a tort and a tort liability 1) constitutes a tort in principle (see Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). 2) As seen above, the Defendant’s act of committing a wrongful act of having a relationship with C with C is a tort against the Plaintiff, and the Plaintiff’s act of causing considerable mental distress or deepening the degree of the marital relationship with C, and thus, the Defendant is against the mental distress suffered by the Plaintiff due to such unlawful act. Therefore, the Defendant is humping with money as to the emotional distress suffered by the Plaintiff.