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1. The defendant's KRW 25,00,000 and its amount shall be 5% per annum from July 21, 2020 to November 17, 2020 to the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a legally married couple who completed the marriage report on August 26, 2015.
B. From June 2019 to June 2020, the Defendant joined C with the Defendant’s house from October 2019 to December 2019, and from October 2019 to December 2019, the Defendant liveded with C at the Defendant’s house, and at least 10 times sexual intercourses with C at the Defendant’s house, etc.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1, 4, 6 through 9 (including each number), the purport of the whole pleadings
2. Determination
A. A) A third party shall not interfere with a marital life falling under the essence of the marriage by intervening in a marital life of another person. A third party’s act of causing a failure of the marital life by committing an unlawful act with one of the married couple, thereby infringing on the marital life falling under the essence of the marriage, interfering with the maintenance thereof, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) In light of the above legal principles, the case constitutes a tort in principle (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 201). According to the above recognized facts, the defendant, even though he was aware of his spouse, thereby infringing on or interfering with the spouse’s communal life falling under the essence of the marriage between the Plaintiff and C, and thus, it is obvious that the Plaintiff suffered considerable mental distress.
B. As to the Defendant’s assertion, 1 Defendant: (a) knew of an unlawful act between the Defendant and C; and (b) the marriage relationship between the Plaintiff and C has already been broken down and led to the irrecoverable state; and (c) thus, it was subsequent to such failure.