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1. The Defendant’s KRW 20,000,000 as well as 5% per annum from June 26, 2018 to June 12, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff and C are married couple who completed the marriage report on June 21, 200, and have children D(E) and F(G) under the chain.
B. C: (a) as the Defendant and a related person who became aware of in the course of performing his duties as a ES instructor in Jeju-do; (b) began from December 2016 to late the time of returning home with doping; (c) around January 2017, the Plaintiff was on a two-day business trip in Seoul for the Plaintiff, and the Defendant was on a two-day business trip in the course of performing his duties.
C. At around March 2017, the Defendant found C’s children in front of the house of C, and held C responsible for the present situation by telephone, and took a bath to enjoy labels unless they go out of the house.
Around July 2017, the Defendant and C installed a vehicle monitoring device and location tracking device to prevent a person from getting on board a vehicle on the vehicle of C, on the ground that the Plaintiff installed a camera, etc. on the vehicle of C.
[Ground of certification] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 4, the purport of the whole pleadings
2. Determination:
(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community life;
In principle, a third party's act of causing mental pain to the spouse by infringing on or interfering with a common life of the married couple falling under the essence of marriage and by infringing on the rights of the spouse by committing an unlawful act with the spouse shall constitute a tort.
(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). The Defendant committed a fraudulent act with knowledge that C is a spouse, thereby infringing on or maintaining the common life of both the Plaintiff and C and infringing on the Plaintiff’s spouse’s right as the spouse, thereby causing mental pain to the Plaintiff.