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1. The Defendant’s KRW 10,000,000 as well as annual 5% from March 14, 2017 to November 7, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 25, 2011, the Plaintiff completed a marriage report with C on December 25, 201, and had two children from five to three years of age, and maintained marital life.
B. From February 2016 to June 201 of the same year, the Defendant, along with C, worked at the Daejeon Viewing Center, was on June 9, 2016, and on June 21, 2016, at the same time, 21:00 with C, and the Defendant kidds each other in the restaurant elevator.
C. The Defendant stated that he would adjust the relation with C to the Plaintiff who became aware of the above facts, but thereafter, C was re-satisfed within the ceiling around August 28, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 and the purport of the whole pleadings
2. Determination on the cause of the claim
A. A) A third party’s liability for damages should not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of another person. A third party’s act of infringing on or maintaining a couple’s communal living 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 Decision 2013Meu2441, May 29, 2015). Meanwhile, a spouse’s unlawful act constitutes tort in principle (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 201). Meanwhile, a spouse’s unlawful act includes a broad concept including adultery, but does not reach the adultery, but is not faithful to the husband’s duty of good faith, and whether it constitutes an unlawful act is determined by considering the degree and circumstances depending on each specific case (see, e.g., Supreme Court Decision 92Meu68, Nov. 10, 192).