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1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from May 17, 2016 to August 4, 2016.
Reasons
1. Facts of recognition;
A. The plaintiff and C are legally married couple who completed the marriage report on June 8, 1983, and have two children under the chain.
B. The Defendant, despite being aware of the fact that C had a spouse by marriage, committed an unlawful act, such as attempting to teach C around the end of 2012 and attempting to travel together, and having sexual intercourse.
C. Around January 2013, the Plaintiff, which became aware of the relationship between the Defendant and C, resisted to the Defendant, and the Defendant expressed that the Plaintiff had an inappropriate relationship with C.
However, even after that, until the end of 2015, the Defendant continued to meet with C.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 13 (including each of the several numbers in case of additional evidence attached to numbers), Eul evidence No. 1, the purport of the whole pleadings
2. Determination
A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). According to the foregoing legal doctrine, the Defendant, upon being aware that C is a spouse, conspired with C while being aware that C is a spouse. This constitutes an unlawful act infringing upon the Plaintiff’s right as the spouse, and thus, the Defendant is liable for emotional distress inflicted upon the Plaintiff.
B. The scope of liability for damages and the contents, degree, and duration of the unlawful act committed by the Defendant and C, the impact of the unlawful act on the marriage between the Plaintiff and C, and the marriage period and children of the Plaintiff and C, which are known from each of the above evidence.