손해배상(기)
1. The Defendant: (a) KRW 10,00,000 for the Plaintiff and 5% per annum from August 17, 2017 to February 9, 2018.
1. Determination as to the cause of claim
A. 1) On December 19, 1994, the Plaintiff is a legal spouse who reported the marriage with C on December 19, 1994, and has two children. 2) C and the Defendant maintained the Buddhist relationship by having sexual intercourse and receiving contact from April 2016 to June 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
B. 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 by committing an unlawful act with the spouse, thereby causing mental pain to the spouse constitutes tort.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the above facts of recognition, the Defendant, despite being aware of the legal spouse’s existence, knowingly maintained the relationship with C with the Plaintiff and sustained mental pain by infringing the Plaintiff’s common life of the Plaintiff and C, is obliged to inflict emotional pain on the Plaintiff as compensation for damages arising from the aforementioned tort.
Furthermore, in full view of all the circumstances revealed in the arguments, such as the period of marital life and family relationship between the Plaintiff and C, the degree and duration of the non-wheeled relationship between the Defendant and C, and the circumstances after the instant case, it is reasonable to determine consolation money to be paid by the Defendant as KRW 10 million.
2. Accordingly, the Defendant, as a result of the above illegal act, shall pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from August 17, 2017, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, until February 9, 2018, and at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.