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1. The Defendant’s KRW 10,000,000 and its related amount are 5% per annum from December 4, 2019 to April 24, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 4, 2004, the Plaintiff and C have two children (the two children, 2005, 2008, 2008) as legal married couple who completed a marriage report.
B. C is an oriental medical doctor, and the Plaintiff is serving as an elementary school teacher, and C is currently serving separately with the Plaintiff since May 2, 2017.
C. The Defendant served at Han-won operated by C from March 2016 to September 2017.
On July 1, 2017, the Defendant sent time to the Kaba, suba, and bakba, etc., together with C, and entered the studio of C at late night, with the next day. On August 1, 2017, the Defendant sent time to the studio of C, along with C, at the studio of C.
Around that time, C used the term “party” to the Defendant, and the Defendant also expressed C the term “a party dispute”.
E. C filed a lawsuit of divorce, etc. against the Plaintiff on September 19, 2017 by the Ulsan Family Court No. 2017ddan25802.
On January 30, 2019, the Ulsan Family Court dismissed C’s claim for divorce on the ground that C’s primary responsibility for the failure of a matrimonial relationship between the Plaintiff and C was against the Defendant, and against C who committed an inappropriate act and wife.
C lodged an appeal by the Ulsan Family Court No. 2019uu2092, but was sentenced to a judgment dismissing an appeal on May 17, 2019, and appealed by Supreme Court Decision 2019uu2092, but was sentenced to a judgment dismissing an appeal on August 14, 2019.
[Reasons for Recognition] Facts without dispute, entry and video of Gap's evidence 1 to 5, 9 through 11 (including each number, if any) and the purport of the whole pleadings
2. The allegations by the parties and the determination thereof
A. The plaintiff asserts that since the defendant committed a tort with C, the plaintiff is responsible for compensating for mental damage suffered by the plaintiff due to such tort.
As to this, the defendant is already a marital relationship between the plaintiff and C, such as the plaintiff's separate living together with C and the divorce.