손해배상(기)
1. The defendant's KRW 20,000,000 and its amount shall be 5% per annum from March 11, 2020 to July 7, 2020 to the plaintiff.
1. Facts of recognition;
A. The Plaintiff and C are legally married couple who reported their marriage on September 21, 2007, and have three minor children (2010, 2012, 2017, 2017) among them.
B. Around April 2019, the Defendant came to know with C through a mobile phone hosting display, and committed an unlawful act, such as committing a sexual intercourse with C, knowing that C is a legal spouse from around that time to June 2019.
[Reasons for Recognition] Confession (Article 150(3) and (1) of the Civil Procedure Act)
2. Determination
A. 1) 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 a spouse by committing an unlawful act with the spouse, thereby infringing on the spouse’s right, thereby constituting tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). 2) According to the above acknowledged facts, the Defendant is liable to compensate for emotional distress inflicted upon the Plaintiff, in principle, by committing an unlawful act with C even though he/she is aware that he/she is a spouse, thereby infringing on the Plaintiff’s communal life with C or interfering with the maintenance thereof and infringing on the Plaintiff’s right as the spouse.
B. In full view of all the circumstances revealed in the records and arguments, such as the scope of damages and the marriage period and family relationship between the Plaintiff and C, the content, period, and degree of the unlawful act committed by the Defendant and C, the impact of the Defendant’s improper act on the Plaintiff’s marital life and the circumstances after the unlawful act, etc., the amount of consolation money shall be KRW 20
C. Accordingly, according to the theory of lawsuit, the defendant's defense as to the existence and scope of the obligation of the defendant since March 11, 2020, as requested by the plaintiff, as the plaintiff, is about KRW 20,000,00 as compensation for damages caused by the tort and after the date of the defendant's tort.