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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 18, 2017 to April 3, 2018, and the next day.
Reasons
1.The facts following the facts of recognition do not conflict between the parties, or may be found in full view of the entries in Gap evidence 1 to 10 (including branch numbers; hereinafter the same shall apply) and the whole purport of the pleadings:
The plaintiff is C and the person who reported the marriage on April 18, 201.
B. C established a business entity called D around October 2016 and employed the Defendant as an employee after retirement from the Choyang-gu Co., Ltd.
C. C was close to the Defendant, and came up with the Defendant’s house, and thereafter, had sexual intercourses with the Defendant several times.
The Defendant sent text messages to C, May 4, 2017, and promised pention on May 5, 2017, and the Defendant offered a proposal to C.
2. In principle, the act of a third party making a judgment by committing an unlawful act with a spouse to infringe on or interfere with common life of the married couple falling under the essence of marriage and to inflict mental pain on the spouse by infringing on the spouse's rights.
Here, “unlawful act” is a broad concept rather than a passage, which includes any unlawful act that is deemed not faithful to the duty of mutual assistance of the couple, even if it does not reach the common sense.
According to the above facts of recognition, the defendant committed an unlawful act with C, who is the spouse of the plaintiff, and this constitutes a tort that causes mental pain to the plaintiff by infringing on or impeding the maintenance of marital life, which is the essence of the marriage, and infringing on the plaintiff's rights as the spouse.
The defendant is liable to compensate for damages sustained by the plaintiff.
All the circumstances shown in the arguments of this case, including the period of marriage between the plaintiff and C, the contents and duration of the misconduct committed by the defendant and C, the degree of mental suffering inflicted on the plaintiff, and the marital life of the plaintiff and C.