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1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate from June 20, 2018 to January 31, 2019, and the following.
Reasons
1. Facts of recognition;
A. On October 30, 1984, the Plaintiff (1958) and two children (2 children, 1985, and 1987) are legally married couple who completed a marriage report with C (1958).
B. Since October 2008, the Defendant (1966s) established a relationship with C in the workplace (Cheongbuk-do Office of Education) with C. The Defendant maintained an unlawful relationship, such as sending text messages or letters expressing patriotism, and also having a sexual relationship with C, by referring them to “B”, “B”, “S”, and “new ditches.”
After the Plaintiff’s filing of the instant lawsuit on June 8, 2018, the Defendant continued to maintain an illegal relationship, such as submerging C several times until October 2018, even though the Defendant made it clear to the Plaintiff on August 6, 2018 that the relationship with C was cut off.
[Ground of recognition] Facts without dispute, Gap 1 through 14, 17, and 18 (including all types of numbers, if any) or images, video verification results, the purport of the entire pleadings
2. Determination:
A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the above facts, the Defendant, even though having knowledge of a marital relationship with the Plaintiff, committed an unlawful act with C, thereby infringing on or interfering with the Plaintiff’s communal living or interfering with the maintenance of the Plaintiff’s marital life, and thereby causing emotional distress to the Plaintiff. As such, the Defendant is liable to compensate the Plaintiff for emotional distress suffered by the Plaintiff.
B. The background leading up to the wrongful act within the scope of damages, the details, period and degree of such unlawful act, the marriage period and family relationship between the Plaintiff and C, and the occurrence of such unlawful act.