손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence 1 to 10, Eul evidence 1 and 2 (including each number), together with the whole purport of the pleadings:
The plaintiff and C are legally married couple who completed the marriage report on December 14, 1991, and have two women between them.
B. The defendant and D are legally married couple who completed the marriage report on November 4, 1999.
C. The Defendant became aware of C through a meeting of the mountain conference.
From around 2016, the defendant had been aware of the fact that C is married and is a spouse, maintained a close relationship between C and the mountain conference members, and brought about the plaintiff's death in Korea.
마. 원고는 2017. 5.경 C의 휴대전화를 통하여, 피고와 C가 서로를 ‘자기’라고 호칭하면서 ‘날 변하게 하는 건 C’, ‘쟈기가 신경쓰여 일이 손에 안 잡히넹’, ‘잘자구~~~~ 사랑해♡♡♡♡♡♡♡’ 및 ‘자긴 저녁 먹었어 ’라는 등의 카카오톡 대화를 나누는 것을 보고 C와 피고의 관계를 알게 되었다.
F. After the Plaintiff’s filing of the instant lawsuit, the Defendant sent to the Plaintiff a letter of suspicion that the family life between the Plaintiff and the Defendant would result in the failure of the family life due to his fault, and sought a letter of suspicion, and requested to reach an agreement at KRW 10 million in economic concern.
G. On November 16, 2017, D filed a lawsuit claiming damages against C by asserting that C had suffered emotional distress by committing an unlawful act with the Defendant with the Seoul Northern District Court Decision 2017Kadan139081, which is currently pending in the said court.
2. Summary of the parties' arguments
A. The Defendant, despite being aware of the existence of a spouse, committed fraudulent acts, such as sexual intercourse, thereby causing the failure of the marriage between the Plaintiff and C.
Therefore, the defendant is liable to compensate for mental damage suffered by the plaintiff.