손해배상(기)
1. The Defendant: (a) KRW 20 million and the Plaintiff’s 5% per annum from June 11, 2019 to September 25, 2019; and (b).
1. According to the overall purport of evidence Nos. 1 through 9 and the entire pleadings, the fact that the Plaintiff married with C on December 30, 1996 and has two children between them, and that C continues to maintain improper relations even after the Defendant started to teach with the Defendant while taking over the area managed by the Defendant as a learning site teacher from the Defendant, who is a workplace employee, around March 2014, and around September of the same year, the Defendant continued to maintain an inappropriate relationship even after the establishment of the school system with the Defendant. From time to time until October of 2018, the contact was sent by telephone or text message as well as by sending meals, etc. together, and the fact that the Defendant continued to commit unlawful acts, such as sexual intercourse, etc. for at least one month.
In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.
(See Supreme Court en banc Decision 201Meu2997 Decided January 2, 201). According to the above facts, the Defendant’s act of misconduct with C, thereby endangering the Plaintiff’s and C’s marital life, infringing upon the Plaintiff’s spouse’s right as his/her spouse, and thereby infringing on the Plaintiff’s right as his/her spouse, is obvious in light of the empirical rule that the Plaintiff suffered emotional distress.
2. The amount of consolation money that the Defendant is liable to compensate for to the Plaintiff shall be KRW 20 million in consideration of various circumstances shown in the pleadings of the instant case, such as the details, degree, and period of the Defendant’s wrongful act, the background leading up to the Defendant’s wrongful act, the period of marriage and degree of stability of marriage between the Plaintiff and C, and the Defendant’s wrongful act, etc.
The defendant is liable for the performance from June 11, 2019, which was the day following the delivery of a copy of the complaint, as sought by the plaintiff, to the plaintiff as a result of the illegal act.