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1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from July 20, 2018 to November 29, 2018; and (b) the Plaintiff.
Reasons
1. Basic facts
A. From around 1998, the Plaintiff liveded with C on June 3, 2004, and married with C on June 3, 2004, one married couple (2004) between C and C.
B. The Defendant came to know of C around August 2015, and sent it to the relationship of annual relations, and continued to grow by March 2018, such as traveling along with a trip or having a sexual relationship at a hotel, etc.
C. Around June 2016, the Plaintiff, with knowledge of the relationship between the Defendant and C, demanded the Defendant to talk by telephone.
However, the Defendant maintained the relationship with C by March 2018.
C In March 2018, from around March 2018, the Defendant threatened the husband of C, who was not the defendant's care, to the extent of the relationship with the defendant.
E. The Defendant has left a high relationship with her husband with her husband and is proceeding with a divorce procedure with her husband.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 14, Eul evidence Nos. 3, 4 and 5 (including provisional evidence number), the purport of the whole pleadings
2. Determination
A. 1) In principle, a third party’s act of infringing on a married 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, 201). 2) According to the above-mentioned basic facts, it is recognized that the Defendant committed an unlawful act, including sexual intercourse with C, thereby infringing on the spouse’s communal life between the Plaintiff and C, or interfering with its maintenance, and causing mental pain to the Plaintiff by infringing on the spouse’s right as the spouse.
3. Therefore, the defendant has a duty to compensate for the plaintiff's mental loss caused by an illegal act with C.
B. Prior to the scope of liability for damages, the basic facts as seen earlier, the statements in the evidence Nos. 1, 2, and 6, and the evidence as seen earlier, are the marriage period between the Plaintiff and C, and the Defendant and C.