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1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from July 21, 2018 to January 11, 2019; and (b).
Reasons
1. Basic facts
A. The Plaintiff is a legally married couple who completed a marriage report with C on March 14, 2006, and has two children who are the fourth and sixth-year elementary school as of the date of the closing of argument in the instant case.
B. B. A around May 2016, both children of the Plaintiff entered the Dag-gu team and became aware of the Defendant, who was the supervisor of the said Camp-gu group, was in charge of the parent group, and exchanged with the Defendant independently from the end of February 2017.
C. On May 21, 2018, the Plaintiff came to know of the relationship between C and the Defendant’s spouse in exchange for pictures and text messages, which were sent to C and the Defendant, and C, whose wheels was discovered, was collected on May 23, 2018.
[Evidence] Facts without dispute, Gap evidence Nos. 1, 2, 3, Gap evidence No. 5-1 through 4, Gap evidence No. 6, Gap evidence No. 4-1, 2, and 3's images, the purport of the whole pleadings
2. The act, in principle, committed by a third party who causes damage to a spouse by committing an unlawful act with the spouse, thereby infringing on or impeding a common life of the married couple falling under the essence of marriage and infringing on the spouse's right as the spouse and causing mental pain to the spouse; and
(See Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the above facts of recognition, it is reasonable to deem that the Defendant knowingly committed an unlawful act with C while being aware that C is a spouse, and that such an act infringed upon the Plaintiff’s marital relationship or interfered with the maintenance thereof. As such, the Defendant has a duty to pay emotional distress suffered by the Plaintiff in money.
In this regard, the defendant asserts that the couple life between the plaintiff and C was not the only part of the act of misconduct.
Although the couple was not divorced yet, if the couple's community was actually broken down and thus it is impossible to recover, the third party is even sexual act with the husband and wife.