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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate from July 2, 2019 to January 8, 2020, and the following.
Reasons
1. The Plaintiff is a legally married couple who completed the marriage report with C on August 9, 2016.
The defendant sent and received personal contact from the beginning of 2018 with C who worked in the same workplace, and met with the travel along with sexual intercourses.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 8 evidence, purport of the whole pleadings
2. Determination:
A. A. A third party’s liability for damages may not interfere with a married life falling under the essence of marriage by intervening in a marital life of another person. A third party’s act of infringing on a marital life falling under the essence of marriage by committing an unlawful act with one of the married couple, interfering with the maintenance thereof, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). Meanwhile, an unlawful act under Article 840 subparag. 1 of the Civil Act includes any act that is larger than the so-called spouse’s duty of care, and is larger than the so-called spouse’s duty of care, it should be evaluated in consideration of the degree and circumstances depending on each specific case (see, e.g., Supreme Court Decision 92Meu68, Nov. 10, 192).
Therefore, the defendant is obliged to pay back the mental suffering suffered by the plaintiff due to such unlawful act in money.
B. The scope of liability for damages and the marriage period of the Plaintiff and C, family relationship, the details and period of the teaching system between the Defendant and C, and the details of fraudulent act.