손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff is a legally married couple who completed the marriage report with C on June 23, 2017.
B. The Defendant knew that C is the Plaintiff’s spouse, and had sexual intercourse with C several times.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1- 5, and the purport of the whole pleadings
2. Occurrence and scope of liability for damages;
A. A third party who has a liability for damages shall not interfere with a couple’s communal life falling under the essence of marriage by intervening in a couple’s communal life of another person and causing failure of a couple’s communal life. A third party who, in principle, infringes on or interferes with a couple’s communal life falling under the essence of marriage by committing an unlawful act with one of the married couple, thereby infringing on his/her right as the spouse, thereby causing mental distress to the spouse.
(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). Accordingly, as seen earlier, the Defendant, even though having knowledge of the fact that C is a marital relationship with the Plaintiff, has sexual intercourse with C, thereby infringing upon the Plaintiff’s right as the spouse by interfering with the Plaintiff’s common life of the Plaintiff and C, or interfering with the maintenance thereof, and the Defendant’s tort is obvious in light of the empirical rule that the Plaintiff suffered considerable mental pain due to the Defendant’s tort, and thus, the Defendant is obliged to pay back the Plaintiff’s emotional distress.
B. In light of all the circumstances revealed in the arguments in this case, such as the scope of liability for damages and the marriage period between the Plaintiff and C, the period and degree of fraudulent act between the Defendant and C, and the influence of the above fraudulent act on the marital life between the Plaintiff and C, it is reasonable to determine the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff as KRW 15,00
Therefore, the defendant's claim against the plaintiff for consolation money of KRW 15,00,000 and KRW 7,000,000, which are the amount cited by the first instance court, is filed after the date of tort.