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1. The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from November 5, 2019 to August 14, 2020 and the next day.
Reasons
1. Facts of recognition;
A. From around 2005, the Plaintiff associated with Nonparty C, and completed the marriage report on November 1, 2010, and left her (each 2012 students, 2015 students, 2015).
나. 피고는 2019. 3. 말경부터 직장 상사이던 소외 C이 배우자 있는 남자라는 사실을 알면서도 그와 교제하면서 수차례 성관계를 갖고, C이 카카오톡 메신저에서 “우리 한달에 몇번할거 같아”라고 전송하자, 피고가 "7회', ”9회“, "평균엥서"라고 답변한 사실에 비추어, 성관계 사실을 인정할 수 있다
(Evidence A No. 5). Ordinaryly, the Kakao Kakao Kakao Ma was divided into several types of conversations with Kakao Kakao Kakao Ma.
【Ground Nos. 1 through 7】
2. Determination
A. 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 a spouse's right as the spouse, thereby causing mental pain to the spouse constitutes a tort.
(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). In this case, the Defendant committed an unlawful act, such as having sexual intercourse with C with his/her spouse, and having sexual intercourse several times. This is a tort against the Plaintiff, and the Defendant is obliged to inflict emotional distress suffered by the Plaintiff.
B. The defendant asserts that at the time of the teaching system, the marital relationship between the plaintiff and C has already reached the failure, but there is no evidence to prove the above assertion.
C. Regarding the amount of compensation, the Plaintiff and C’s marriage period, minor children under Slish, contents and period of misconduct, and Defendant’s attitude [the Defendant, even after receiving the complaint of this case, communicates with C Kakakakaoxe, and its frequency has reached several times a day, and the time is not the hours of business (from 6:00 am immediately before and after the day).