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1. The Defendant’s KRW 10,000,000 as well as its annual rate from April 4, 2014 to December 11, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 11, 1984, the plaintiff and C are legally married couple who reported their marriage, and they have one male son's children (1984 birth, 1986 birth).
B. Around March 2012, the Defendant came to know of C, and committed an unlawful act with C, while maintaining an inappropriate relationship with C continuously from April 2012, even though the Plaintiff, who is a legal spouse, was aware of the Plaintiff.
C. C, while maintaining the relationship with the Defendant, is doubtful of the Defendant’s male relationship from November 201, 201, which led the Defendant to force the Defendant to sexual intercourse, and the Defendant committed assault, intimidation, insult, and confinement of the Defendant to avoid himself.
Accordingly, upon the Defendant’s complaint, C knew the Plaintiff of the relationship with the Defendant around November 2013, and the Plaintiff immediately filed a divorce lawsuit (Cheongju District Court 2013Ddan8145) against C, and filed a complaint with the Defendant and C via adultery.
E. On September 24, 2014, the judgment accepting the Plaintiff’s claim for divorce was rendered and confirmed as it is. On October 30, 2014, C and the Defendant was prosecuted for the said divorce lawsuit, and C were sentenced to a suspended sentence of imprisonment with prison labor for six months, since May 12, 2012 to February 3, 2013, and was sentenced to a suspended sentence of imprisonment with prison labor for the following nine months.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 20, Eul evidence 1 to 10, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition of the liability for damages, the defendant maintained improper relations, such as conducting an act between C and the deceased for a considerable period, even though he knew that the plaintiff, who is a legal spouse, was a spouse, and this constitutes a tort against the plaintiff, and the plaintiff suffered mental suffering.