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1. The Defendant’s KRW 10,000,000 and its amount are 5% per annum from December 13, 2019 to June 11, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a legal couple who reported the marriage with Nonparty C on April 2, 2009.
B. The defendant is the non-party C and the job partner.
[Ground for recognition] Unsatisfy
2. Judgment on the parties' arguments
A. The plaintiff asserts that the plaintiff is responsible for compensating for mental damage suffered by the plaintiff, since the defendant knew that he/she was the spouse of the non-party C, but committed an unlawful act from July 2019.
The defendant asserts that the marital relationship between the plaintiff and the non-party C was no longer friendly with the non-party C, but not with the non-party C, and that the marriage between the plaintiff and the non-party C was no longer broken down, such as the non-party C would have divorced with the plaintiff.
B. Illegal act of establishing liability for damages includes any act that is not faithful to the duty of good faith as a spouse, and whether it is an unlawful act as a broad concept rather than a so-called simple one should be evaluated in consideration of the degree and circumstances depending on each specific case.
(See Supreme Court Decision 92Meu68 delivered on November 10, 1992). Meanwhile, a third party’s act of infringing on or interfering with a couple’s community life falling under the essence of marriage and infringing on a spouse’s right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes tort.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). In this case, comprehensively taking account of the health class, Gap evidence Nos. 4 and 11, evidence No. 5-1 and 2, evidence No. 5-2, evidence No. 6-1, 2, 3, evidence No. 9-1 through 5, Gap evidence Nos. 10 and 13-4, and the overall purport of pleadings No. 1 and video No. 1, the defendant was aware that he/she is a spouse of the non-party C, the defendant and the non-party C were in private contact with them at night, and the conversation between the defendant and the non-party C divided by September 8, 2019.