손해배상(기)
The defendant's KRW 18,00,000 for the plaintiff and its 5% per annum from August 12, 2020 to October 27, 2020 for the plaintiff.
1. Facts of recognition;
A. The Plaintiff is a person who completed the marriage report on May 4, 2009 with Nonparty C.
B. B. C and the Defendant were married to the workplace who had been living together with the workplace rent, and they were frighting from August 2018, and were frighting to death.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1-9, purport of whole pleadings
2. Determination
A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts, the defendant committed an unlawful act even though he/she knew that he/she is a spouse of C, thereby infringing on or hindering the maintenance of the plaintiff’s community life by committing an unlawful act, and it is obvious in light of the empirical rule that the plaintiff suffered considerable mental suffering, and thus, the defendant is obliged to pay consolation money for mental suffering suffered by the plaintiff.
B. Considering the circumstances indicated in the argument of the instant case, such as health team, the period of marriage and family relationship of the Plaintiff, the content, degree and period of the unlawful act committed by the Defendant and C, the impact of the Defendant’s unlawful act on the marital life between the Plaintiff and C, and the developments leading up to before and after the instant lawsuit, the amount shall be determined as KRW 18,00,000.
C. Accordingly, the defendant, as a result of the lawsuit, is reasonable to dispute as to the existence or scope of the defendant's duty from August 13, 2020 to October 27, 2020 following the delivery date of a copy of the complaint of this case as sought by the plaintiff as a result of the tort against the plaintiff.