손해배상(기)
1. The Defendant: (a) KRW 17,00,000 for the Plaintiff and 5% per annum from January 31, 2016 to October 12, 2016; and (b) the Plaintiff.
1. The Plaintiff reported the marriage with Nonparty C on May 17, 1997, and the Defendant was aware of the fact that the Plaintiff was in an inhuman relationship, including physical relations, from December 2, 201 to February 2015, with Nonparty C, while engaging in the business of assembling maliciouss with Nonparty C, and the fact that there was no dispute between the parties, or that there was a inhuman relationship including the physical relationship, may be acknowledged according to the respective entries, images, and the entire purport of pleadings set forth in subparagraphs A and 15 (including the serial number).
2. Determination:
(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal life;
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 Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the aforementioned facts, the Defendant is liable for compensating the Plaintiff for mental damages, since C, even though having knowledge of the fact in a marital relationship with the Plaintiff, committed an unlawful act, thereby infringing on or interfering with the Plaintiff’s communal life, infringing on the Plaintiff’s right as the spouse, thereby causing mental distress to the Plaintiff.
(B) The defendant asserts that at the time of delivery between C and C, the plaintiff and C had already been in a state of marital failure, but there is no evidence to acknowledge it).
When comprehensively taking into account the period of marriage and family relationship between the plaintiff and C, the period and content of misconduct and marriage of the plaintiff and the defendant, the degree of failure in marriage, etc., it is reasonable to determine the amount of consolation money as KRW 17,00,000.
C. Accordingly, according to the theory of lawsuit, the defendant is liable to compensate the plaintiff for damages amounting to KRW 17,000,000 and a duplicate of the complaint of this case sought by the plaintiff.