손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. According to the evidence No. 1 of the basic facts, the plaintiff and C can recognize the fact that they are legally married couples who completed the marriage report on April 3, 1999.
2. The plaintiff's assertion and judgment
A. The Defendant asserted that the Plaintiff’s spouse committed an unlawful act for a considerable period prior to October 2018 with C and C, which was the Plaintiff’s spouse, thereby causing the failure of the marriage between the Plaintiff and C, and even though the Plaintiff asked the Defendant to have met C with C, the Defendant continued to have met with C, and caused mental pain to the Plaintiff.
Therefore, the defendant is obligated to pay to the plaintiff 30,000,100 won as consolation money and damages for delay.
B. Determination 1) A third party 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 the failure of the couple’s communal life. The act of a third party by committing an unlawful act with one of the married couple, thereby infringing on the couple’s communal life falling under the essence of marriage or interfering with its maintenance, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse constitutes, in principle, tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). Here, “illegal act” includes a broad concept including intercomplics, but does not reach the gap, but does not follow the husband’s duty of good faith, and whether it constitutes an unlawful act ought to be evaluated by giving and receiving text messages to the Defendant according to each specific case (see, e.g., Supreme Court Decision 8Meu7, May 24, 198; Supreme Court Decision 201Meu294, Nov. 28, 20194).