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1. The Defendant’s KRW 20,000,000 as well as 5% per annum from October 9, 2019 to April 23, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff completed the marriage report with C on July 26, 1996, and lived as a legally married couple, and 1 South son (1997, 199) was living under the sternity.
B. On August 5, 2019, the Defendant was discovered to the Plaintiff while having sexual intercourses between C and C.
C. On September 2, 2019, C withdrawn from the Republic of Korea on September 2, 2019, and began to stay separately with the Plaintiff, and on February 13, 2020, C filed a lawsuit against the Plaintiff, including divorce, with Seoul Family Court 2020dhap31449.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, Gap evidence No. 5-1 and 2, the purport of the whole pleadings
2. No judgment third party shall interfere with a married couple's community life falling under the nature of the marriage, such as intervention in a couple's community life of another person and failure in the couple's community life;
In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.
(see, e.g., Supreme Court Decision 2004Da1899, May 13, 2005; Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). At the time of committing an unlawful act with C and C, the Plaintiff and C were living together with C at the time of committing an unlawful act, and only thereafter, C were living together with the Plaintiff and filed a divorce lawsuit against the Plaintiff, as seen earlier.
Therefore, it is reasonable to view that the Plaintiff and C’s marital life are maintained at the time of the Defendant’s wrongful act, and the evidence submitted by the Defendant is insufficient to view otherwise.
Therefore, misconduct with the Defendant constitutes a tort and the Defendant is obliged to pay the Plaintiff the emotional distress from the tort in cash.
The amount of this shall be the marriage period, family relationship, contents and degree of fraudulent act, and C withdraws after the fraudulent act and bring a divorce lawsuit against the plaintiff.