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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. The Plaintiff and C are legally married couple who completed the marriage report on February 11, 2016, and they are married among themselves around February 2017.
C was an employee of the section manager of the D business management team, and the defendant was employed as a new member of the D business management team of the above company around December 2016. Since April 2017, the defendant and C were in a close-friendly relationship with the defendant, while carrying out the project together with other meals and alcohols, and divided talks about privacy.
Since May 2017, Defendant and C sent a trip with a man, such as having a sexual intercourse, etc.
[Ground of recognition] Facts without dispute, each entry or video of Gap evidence Nos. 1 through 39 (including virtual numbers) and the purport of the whole pleadings
2. The plaintiff's assertion that the defendant is the plaintiff's husband's work bonus C, who is the plaintiff's husband, committed an unlawful act with C and the plaintiff suffered mental pain. Thus, the defendant is obligated to pay 30,000,100 won to the plaintiff as consolation money.
The defendant's assertion was aware that C had been divorced from C on May 16, 2017 and that C had already been divorced from C, and that C had not been divorced on June 30, 2017.
3. The actual substance of the liability for damages arising from a third party’s wrongful act with the spouse, thereby infringing on or impeding the maintenance of the marital life corresponding to the nature of the marriage, and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse, constitutes a tort in principle.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). In full view of the following circumstances acknowledged by comprehensively taking account of the overall purport of the evidence duly admitted, the Defendant, despite having known that he/she is a spouse, committed an unlawful act with C even though he/she was aware that he/she is a spouse.