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1. The Defendant’s KRW 40,000,000 as well as its annual rate from July 13, 2019 to July 9, 2020, and the following.
Reasons
1. Facts of recognition;
A. The plaintiff and C are legally married couple who reported their marriage on December 3, 1985, and have two children under their chains.
B. The Defendant committed a fraudulent act while maintaining her mutual remaining life from around 201 to March 2019 with knowledge of the fact that he/she had a spouse at C and C at an elementary school alumni group around 2007.
[Grounds for recognition] The entry of Gap evidence Nos. 1 through 13 and the purport of the whole pleadings
2. Determination
A. 1) 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 an unlawful act with the spouse, thereby causing emotional distress to the spouse, constitutes a tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). 2) According to the above acknowledged facts, the Defendant committed an unlawful act with C, even though he/she is aware that he/she is a spouse, thereby infringing on or interfering with the Plaintiff’s common life with C, and thereby causing considerable mental distress to the Plaintiff. Accordingly, the Defendant is liable to compensate for the emotional distress suffered by the Plaintiff.
3) In regard to this, the Defendant asserts that he only maintained friendship as a friendship at C and an elementary school alumni group, and that he did not commit any unlawful act, but only rejected it unilaterally by C. [main contents of the fact confirmation] The author asserts that he was the Plaintiff’s husband. (In the D elementary school alumni group around 2007, 12 years prior to it, Defendant B met with Defendant B, and his woman was the first love at the time of his high school;
It has come to go beyond the simple friendly gap.
At the first time, the contact was led, but BC also has a string with the connected oil with which the marriage life had not been happy.