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1. The Defendant: (a) KRW 10,00,000 for the Plaintiff and 5% per annum from October 2, 2018 to May 29, 2019.
Reasons
1. Occurrence of liability for damages;
A. 1) On November 13, 2015, the Plaintiff completed the marriage report with C on November 13, 2015, and among them, one minor child has been employed. 2) The Defendant continued to have met with C and from May 2018, which was known to the general public, and developed into a relationship with the Plaintiff, and thereafter, was going to travel or to have a sexual intercourse.
[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence, purport of whole pleadings
B. The act of a third party making a judgment on the cause of a claim to infringe on or interfere with a couple’s communal life falling under the essence of marriage and infringe on the spouse’s right as the spouse, thereby infringing on the spouse’s right (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201) constitutes a tort in principle (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). “Cheating” in this context refers to a broad concept that includes adulterys and does not reach common sense, but includes any unlawful act that does not conform to the husband’s duty of good faith. Whether it is an unlawful act
(Supreme Court Decision 2010Meu4095 Decided November 28, 2013, etc.). According to the above facts of recognition, the Defendant committed an unlawful act with C and C, thereby infringing upon or impeding the marital life of the Plaintiff and C, and causing emotional distress to the Plaintiff. Therefore, the Defendant is liable for compensating the Plaintiff for damages incurred by the Plaintiff.
C. The Defendant’s assertion argues that C did not know the fact of marriage with the Plaintiff, and that, around July 2017, the marriage relationship with the Plaintiff and C had already been broken down and thus, the tort is not constituted.
Comprehensively taking into account the written evidence No. 2, C is recognized the fact that C was living separately in the D apartment after July 2017, while residing separately with the Plaintiff.