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The defendant's KRW 25,00,000 and its interest to the plaintiff shall be 5% per annum from May 30, 2020 to December 9, 2020.
Reasons
1. Basic facts
A. The Plaintiff and C are legally married couple who completed the marriage report on August 6, 2008.
B. Around November 2019, the Defendant developed into the relationship with C, and maintained unlawful relationships, such as having sexual intercourse until the date of the closing of argument.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap 1 through 20 evidence (if there are virtual numbers, including each number; hereinafter the same shall apply), the purport of whole pleadings
2. Judgment on the plaintiff's claim
A. 1) In principle, a third party’s act of infringing on a married couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse by committing an unlawful act with the married couple’s husband and wife, thereby causing mental pain to the spouse constitutes a tort (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). Meanwhile, “illegal act” under Article 840 subparag. 1 of the Civil Act includes all acts that are not faithful to the duty of good faith as spouse, and is larger than the so-called “illegal act” rather than the so-called “an unlawful act” should be evaluated in consideration of the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decision 92Meu68, Nov. 10, 1992). According to the above recognition facts, the defendant knew that the spouse was a spouse C and unlawful act, and thus, the defendant has a duty of pecuniary suffering or mental suffering of the Plaintiff.
B. Furthermore, the scope of the Defendant’s liability for damages and the amount of consolation money that the Defendant is liable to compensate for is separately prepared, and the Defendant and C separately prepared studio for an unlawful act, and the Defendant continues to engage in an unlawful relationship with C even after the Defendant’s refusal to meet the Plaintiff after the commission of the unlawful act, and the content and degree of the Defendant’s unlawful act, as well as the Plaintiff.