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1. The Defendant’s KRW 20,000,000 per annum from June 26, 2019 to November 28, 2019, and the Plaintiff’s KRW 5% per annum.
Reasons
1. Basic facts
A. On April 4, 2002, the Plaintiff and C have one child as a legally married couple who completed the marriage report.
B. On August 2018, the Defendant knew of C through the Fluxan Fluxan Fluxan Fluxan Fluxan Fluxan Fluxan Fluxan Fluxan Fluxan Fluxan Fluxa, and knowingly maintained C’s illegal relationship with C, such as having sexual intercourse from August 2018 to June 2019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings
2. Determination on the cause of the claim
(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community life;
In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.
(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). “Cheating” in this context refers to a broad concept, including the adultery, which does not reach a common sense but does not faithfully fulfill the duty of mutual assistance of both spouses, includes any unlawful act. Whether it is an unlawful act or not ought to be evaluated in consideration of the degree and circumstances of the specific case.
(see, e.g., Supreme Court Decisions 88Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). According to the above facts of recognition, the defendant committed an unlawful act despite being aware that C is a spouse. Since the defendant's act is deemed to infringe upon the plaintiff's marital relationship or interfere with the maintenance thereof, the defendant has a duty to bring about mental suffering suffered by the plaintiff in money.
B. The content, degree, and period of fraudulent act between the defendant and C within the scope of liability for damages, and the marriage period between the plaintiff and C.