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1. The Defendant: (a) KRW 20 million to the Plaintiff; and (b) 5% per annum from August 17, 2018 to November 13, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. On March 7, 2002, the Plaintiff divorced with C on March 7, 2002, 2 children (1 South Korea: 2002, 2006 students) between C and C.
B. Around August 2017, the Defendant came to know of C, and came to have a sexual relationship with the Defendant, and on December 18, 2017, the Defendant came to have a sexual relationship with the unmanned telecom located in D.
Even after that, the defendant continued the teaching system until March 2018, such as the defendant's delivery with C and delivery or division of stories in the tea.
C. The Plaintiff divorced from C on July 16, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional evidence) and the purport of the whole pleadings
2. The strike on the cause of the claim; and
A. 1) In principle, a third party’s act of infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse, thereby causing mental pain to the spouse constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). Meanwhile, “illegal act” under Article 840 subparag. 1 of the Civil Act includes all acts not conforming to the duty of good faith as the spouse, and is larger than the so-called “illegal act” rather than the so-called “an unlawful act,” and the issue of whether it constitutes an unlawful act should be evaluated by considering the degree and circumstances depending on specific cases (see Supreme Court Decision 92Meu68, Nov. 10, 192). According to the aforementioned facts, evidence and the overall purport of oral proceedings, the defendant is recognized to have committed an unlawful act including a sex relationship with C, thereby infringing on the spouse’s common life between the Plaintiff and inflicted mental pain.
Therefore, the defendant is obliged to compensate for the plaintiff's mental damage caused by the illegal act with C.
3. On this basis, the defendant committed an unlawful act such as assault, verbal abuse, drinking habits, etc. of the plaintiff.