beta
Text
1. The Defendant amounting to KRW 10 million to the Plaintiff and the Plaintiff’s annual rate of 5% from May 18, 2016 to November 15, 2016.
Reasons
1. Facts of recognition (applicable: Fact that there is no dispute, entries in Gap evidence 1 through 15, and purport of the whole pleadings);
A. The plaintiff and C are legally married couple who completed the marriage report on November 27, 1995.
B. From November 2015 to April 9, 2016, the Defendant: (a) allowed C to talk with women’s clubs; (b) exchanged C’s inception surgery; (c) exchanged C’s inception surgery; (d) the content that C is good; (e) the content that C knows; (e) the family life of C; and (e) how to resolve the relationship with the Defendant; and (e) received telephone conversations and text messages several times from October 30, 2015 to April 20, 2016.
C. B around January 6, 2016, at the Cheongju-si, the Defendant was accompanied by an accident that occurred while operating a motor vehicle. With respect to the said accident, C registered from the DNA Council members located in Cheongju-si as the Defendant’s spouse, and received medical treatment from January 7, 2016 to January 12, 2016.
C around January 21, 2016, upon ordering the Defendant to post on the beauty art room operated by the Defendant, and around March 26, 2016, requested the Defendant to publicize the beauty art room. From April 5, 2016 to April 21, 2016, during the period from April 5, 2016 to April 21, 2016, the Defendant’s residence was in the vicinity E, which was the Defendant’s place of residence. On April 12, 2016, the Defendant’s clothes was ordered to sell the roto that was issued on June 21, 2016 at the sales store located in Yeongdeungpo-gu E.
2. The plaintiff's assertion and judgment
A. The Defendant asserting that the Plaintiff’s assertion is liable to pay consolation money of KRW 30 million and delay damages to the Plaintiff, inasmuch as the Plaintiff entered into an illegal relationship with C, which is the husband of the Plaintiff, from November 2015 to the present date, and thereby, brought about a great disadvantage to the Plaintiff.
B. The phrase “illegal act of the spouse”, which is defined as a cause of judicial divorce under Article 840 subparag. 1 of the Civil Code, is a broad concept that includes the adultery, but does not reach the gap between the couple and the couple’s duty of good faith.