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1. The Defendant: 5% per annum from June 3, 2014 to December 23, 2014, and on December 24, 2014, to the Plaintiff.
Reasons
1. Basic facts
A. On October 24, 1994, the Plaintiff and C and three children are under the chain, who completed the marriage report.
B. From November 2013, the Defendant began to associate with C having been a customer on the packing c, from November 201 to March 21, 2014, the Defendant sent 360 telephone and text messages to C from November 29, 2013 to March 21, 2014. On February 7, 2014, the Defendant was well aware of the Plaintiff, having sexual intercourse with C.
The defendant stated in the written application for the resumption of pleading that "the last love and satisfy is satisfy in value," and it appears to the purport that this is a sexual relation.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-3, 6-1, 2, fact-finding results on Stecom Co., Ltd., the purport of the whole pleadings
2. Determination
A. If a person who has a spouse of the relevant legal doctrine commits an act of adultery with a person who has a spouse, thereby causing the failure of the marriage due to the person’s separation from, or divorce from, his/her spouse, a third party who has committed adultery constitutes a tort against his/her spouse.
(See Supreme Court Decision 2004Da1899 Decided May 13, 2005). Meanwhile, the term “illegal act by spouse” under Article 840 subparag. 1 of the Civil Act as the grounds for judicial divorce under Article 840 subparag. 1 of the Civil Act includes a wider concept that includes adulterys, and includes any unlawful act that does not reach the common sense but does not fulfill the duty of mutual assistance of both spouses, and whether it is an unlawful act or not should be evaluated by considering the degree and situation of the specific case.
(See Supreme Court Decision 87Meu5 delivered on May 26, 1987, etc.). B.
According to the facts of the recognition of the liability for damages, the defendant is judged to have been in transit with C, and even if it did not reach the transit, the defendant gives a large number of abnormal conversations in a short period while teaching with C, the male father, C.