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1. The defendant's KRW 15,00,000 and its amount shall be 5% per annum from September 15, 2020 to November 24, 2020 to the plaintiff.
Reasons
1. Basic facts
A. On May 22, 2007, the Plaintiff, who completed the marriage report with C on May 22, 2007, has only one child under the chain.
B. Around July 2020, the Defendant had sexual intercourse with the Defendant and received text messages indicating patriotism while working in the same office as C, etc.
[Reasons for Recognition] The entry of Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Occurrence of liability for damages;
(a) A third party shall not interfere with a married couple's community life falling under the essence of marriage, such as interfering with a couple's community life by causing a failure of a married couple's community;
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 201Meu2997 Decided November 20, 2014).B.
According to the above facts of recognition, the defendant sent an inappropriate message with knowledge that C is a spouse and committed unlawful acts such as sexual intercourse. 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 raise mental suffering suffered by the plaintiff in money.
C. On the other hand, the defendant asserts that since the defendant's marital relationship between the plaintiff and C has been actually broken down before the maturity of C, the defendant's above act did not interfere with the plaintiff's and C's marital life being infringed or maintained by the defendant. However, there is no evidence to support that the defendant's marital relationship between the plaintiff and C was actually broken down before the maturity of C, and the defendant's assertion is without merit.
3. Scope of liability for damages
A. The contents and duration of the Defendant and C’s wrongful act, the marriage period and family relationship between the Plaintiff and C, and the Defendant’s improper act are the Plaintiff.