손해배상(기)
1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate from December 6, 2018 to August 14, 2019.
1. Occurrence of liability for damages;
A. 1) On March 14, 1995, the Plaintiff completed the marriage report with C on March 14, 1995, and among them, two children have been employed. 2) The Defendant continuously developed from June 2015 to the relationship with C, and thereafter, had sexual intercourse.
[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 11, purport of whole pleadings
B. In principle, a third party’s act of infringing on or interfering with a couple’s communal life falling under the essence of marriage and infringing on his/her spouse’s right as a spouse by committing an unlawful act with the spouse, thereby causing emotional distress to the spouse constitutes a tort (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). “Cheating” in this context constitutes a tort in principle (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). “Cheating” is a broad concept that includes adultery, but does not reach the gap, but is not faithful to the husband’s duty
(Supreme Court Decision 2010Meu4095 Decided November 28, 2013, etc.). According to the above facts of recognition, the Defendant committed an unlawful act with C and C, thereby infringing upon or impeding the marital life of the Plaintiff and C, and causing emotional distress to the Plaintiff. Therefore, the Defendant is liable for compensating the Plaintiff for damages incurred by the Plaintiff.
C. The defendant's assertion is alleged to the effect that the defendant's marital relationship with the plaintiff C is not constituted as tort due to the failure of the relationship between the plaintiff and C before maturity, but there is no evidence to acknowledge it, and the defendant's assertion is without merit
2. As to the scope of consolation money, the Defendant shall pay the Plaintiff the amount of consolation money in consideration of various circumstances revealed in the argument of the instant case, such as health room, marriage period between the Plaintiff and C, the degree and period of misconduct between the Defendant and C.