위자료
1. The defendant (Counterclaim plaintiff) shall pay five million won to the plaintiff (Counterclaim defendant) and shall pay five million won to the plaintiff from May 7, 2020 to December 23, 2020.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. According to the records in Gap evidence No. 1-2 of the basic facts, the plaintiff can recognize the fact that the marriage report was completed on February 8, 1994 with C and C.
2. In principle, the act of a third party making a judgment on a claim of a principal lawsuit by committing an unlawful act with the spouse, thereby infringing on or impeding the maintenance of common life of the married couple falling under the essence of marriage and infringing on the spouse's right as the spouse, thereby causing mental suffering to the spouse, constitutes tort.
(Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). “Cheating” in this context includes all acts that are not faithful to the duty of good faith as a spouse, and whether it is an unlawful act as a broad concept rather than a so-called “competing” should be evaluated in consideration of the degree and situation of each specific case.
(See Supreme Court Decision 92Meu68 Decided November 10, 1992, etc.). In full view of the written evidence Nos. 2, 4, 5, and 2, the Plaintiff sent text messages to the Defendant, around June 2019, to the effect that: (a) C sent a message to the Defendant to the effect that the Plaintiff would suspend the arrival with C; (b) C sent the message to the Plaintiff several times from August 2019 to February 202 with the purport that “the relationship with the Defendant will be terminated in the future”; (c) C and the Defendant appeared to have been only after December 27, 2019; and (d) the fact that the text message of the horse was sent to the Defendant during the process of concluding the promise; and (c) the Defendant and C sent and received the message of a considerable amount of Kakao from May 14, 2020 to August 3, 2020.
Comprehensively taking account of these facts, the Defendant may be recognized as having committed an unlawful act of contact with the Plaintiff and C from June 2019 to August 2020, by disregarding the Plaintiff’s request, even though being aware of the fact that the Plaintiff and C were married, and having met with C at any time. Accordingly, the Defendant is obliged to pay emotional distress incurred by the Plaintiff in money.