손해배상(기)
The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from September 10, 2020 to March 4, 2021.
1. Facts of recognition;
A. The Plaintiff was married with around C in 1992 and divorced.
The plaintiff was living together with C from around 2016 and became a legally married couple after the marriage report was completed on June 5, 2020, and two children between C and C.
B. The Defendant sent the relationship between C and C from around 2015 to July 2020.
【Unfounded grounds for recognition】 Facts without dispute, entry of Gap evidence Nos. 1 through 28, the purport of the whole pleadings
2. Summary of the parties' arguments;
A. Since the Defendant committed a tort with C, even though he was aware that he was a spouse of C, he was guilty of committing a tort, the Defendant is obligated to pay consolation money for mental distress to the Plaintiff.
B. The Defendant did not have a de facto marital relationship with C, and the Defendant did not have any restriction upon C after becoming aware of the marital relationship with C.
3. Determination
A. In light of all the circumstances including (1) the occurrence of liability for damages, (2) the facts acknowledged earlier, and the written evidence Nos. 3 and 28, the Plaintiff and C were divorced after marriage in 192, namely, the Plaintiff and C have two children, and the Plaintiff were living together with C in around 2016, and the marriage report was completed on June 5, 2020. In light of all the circumstances, the Plaintiff and C had a de facto marital relationship by maintaining their community life as a couple from around 2016 to maintaining their marital relationship on June 5, 2020.
I would like to say.
(2) A third party shall not interfere with a married couple’s communal living falling under the essence of marriage by intervening in a married couple’s communal living of another person and causing failure of a married couple’s communal living. A third party shall not interfere with a married couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple. A third party shall infringe on, or interfere with, a married couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple, and shall have the right as a spouse.