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1. The Defendant’s KRW 15,00,000 as well as 5% per annum from July 29, 2014 to March 30, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff and C are married couple who reported their marriage on March 13, 1998, and have one son and one son and one son of 2000, who were born in 1998.
B. The Defendant came to know with C from around 2006 (at that time, the Defendant had been aware that C was the father-Nam) and thereafter, entered into an inhuman relationship with C by March 2014, including gender relationship.
C. On March 9, 2014, the Plaintiff became aware of the Defendant’s words, etc., and thereafter, the Plaintiff filed a lawsuit seeking divorce (C) and damages (C and the Defendant) with the Daegu Family Court Support 2014ddan1394, while making a separate representation with C, and filed a complaint against the Defendant and C with the charge of inter-competing around the end of 2014.
On November 12, 2015, the Plaintiff withdrawn a lawsuit against C on the ground that the Plaintiff agreed not to divorce between C and C until his/her child becomes adult, and accordingly, the part against the Defendant among the above Daegu Family Court case No. 2014ddan1394 was transferred to this Court and brought about this case.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 6-1 through 3, Eul evidence 3-18, the purport of the whole pleadings
2. Determination
(a) Where a person who has a spouse to be liable for damages commits an act of adultery with a person who has a spouse to be liable for damages, and thereby causes the failure of the marriage due to the person's separation from his spouse or divorce, a third party who has committed an act of adultery with the person's spouse constitutes a tort against the person's spouse, and thereby, has a duty to compensate for the mental suffering of the person's spouse
(See Supreme Court Decision 2004Da1899 delivered on May 13, 2005). According to the above basic facts, the Defendant, even though being aware that C is a spouse, entered into a considerable term of inhumanity relationship, and the Plaintiff’s matrimonial relationship has reached a failure due to such act by the Defendant.