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1. The Defendant’s KRW 12,00,000 as well as 5% per annum from July 21, 2015 to February 3, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. In around 1989, the Plaintiff married with C in 1989, and has married with C and her children (the birth in 1991).
B. C came to know of the Defendant while operating a set-out shop, and around 2013, C taken a photograph, such as going through a soup, singing, and singing together with the Defendant, to fit or see one another’s face.
C. On February 27, 2015, C purchased the Defendant’s airline tickets in lieu of the Defendant’s airline tickets, and left the Republic of Korea on February 28, 2015. On March 3, 2015, the Defendant left the Republic of Korea to the Republic of the Philippines, and sent it to C along with C, and returned to the Republic of Korea on March 6, 2015.
C transferred 3 million won to the defendant from February to March 2015. D.
The Defendant sent and received text messages from February 2, 2015 to October 2015 at any time with the Defendant and received text messages from February 2, 2015.
(In the last half, text messages were sent and received). The confirmed text messages are legal contents that can be given and received in a tobacco relationship.
E. The Plaintiff did not institute a divorce lawsuit against C or divorce by agreement.
[Reasons for Recognition] Unsatisfy, Gap 1-1 evidence, the purport of the whole pleadings
2. Determination
A. Husband and wife of the liability for damages must be faithful to the duty of good faith, and even though they did not reach the common sense, they did not reach the common sense.
Even if a spouse commits an unlawful act that is not faithful to the duty of good faith, it constitutes a tort against the other spouse.
The defendant has continued to establish a non-human relationship with C even though he was aware that there was the plaintiff who is a legal spouse of C. Since it is obvious in light of the empirical rule that the plaintiff suffered a considerable mental suffering due to the defendant's improper act, the defendant is obliged to pay the plaintiff the mental suffering suffered by the plaintiff in money.
B. The extent of damages that the defendant should pay is consolation money.