1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual 5% from December 13, 2019 to November 26, 2020, and the following.

Basic Facts

The plaintiff is a couple who reported marriage with C on January 27, 2006.

The defendant had two children in divorceed status, but from August 2018, C took a school system with C.

At the time, C was the defendant's unmarried.

Around March 2019, the defendant became aware of the pregnancy of C's child and gave birth around October 2019.

C revealed that the Defendant was the father of her mother around May 2019 during the pregnancy period.

Around July 2019, the Defendant demanded C to the effect that he shall not have sexual intercourse with the Plaintiff, and C promised to do so.

On July 11, 2019, the defendant demanded C to keep a recording of the contents of the conversation with the plaintiff to support that C is complying with that commitment.

피고는 원고에게 2019. 7.경 “C씨라는 사람 확실히 버린거면 제가 주우면 안될까요. 난 아끼고 싶은데. 생각해보고 확실히 버릴거면 이혼하세요~ 같이 살아보고 싶네요.”, “제대로 버리셔야 줍죠.”라는 내용의 메시지를, 2019. 8. 14. “니는 자존심도 없냐. 내 좋다고 그리 목에 달고 침대에서 그리 뒹굴고 물고 빨고 했는데 뭐가 좋다고 그리 붙어있노! 우리가 한두번 잤을거 같냐 니랑 잠자리가 그리 재미가 없었다던데. 자존심도 없냐! 여자가!!”라는 내용의 메시지 등을 보냈다.

The defendant had sexual intercourse with C around August 2019.

【In principle, the act of causing mental distress to the spouse by a third party of the legal principles related to the determination of the overall purport of the testimony and pleading of the married couple by committing an unlawful act with either of the married couple, which has no dispute, Gap 1, 2, Eul 1 through 9, 11, 12, and 14, Eul 14, Eul 1, 11, 12, and 14, the witness Eul's testimony and the whole purport of pleading constitutes a tort in principle.

Supreme Court Decision 2013Meu2441 Decided May 29, 2015