손해배상(기)
1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from April 22, 2016 to August 9, 2017.
1. Facts of recognition;
A. The plaintiff is legally married between C and C on May 17, 2005, and two children are between C and C.
B. Around October 1998, Defendant (D prior to the opening of the name) came to know C while working in the company “E” located in the Nam-gu Incheon Metropolitan City, and sent text messages to C and C frequently after October 2015, and C sent text messages to the Defendant “E”.
Since then, the plaintiff and C had frequently fighting between husband and wife and reached a separate state.
C. On April 22, 2016, the Plaintiff: (a) known that C and the Defendant were in in the bad faith relationship and asked the Defendant to do so; (b) the Defendant sent to the Plaintiff a text message stating, “I will start and love as her woman. I will send the match. I will be able to do so. I will not understand, but I will be able to do so at the end of my meeting.”
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings
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 the emotional distress suffered by the Plaintiff, 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 emotional distress to the Plaintiff.
The defendant is the plaintiff and C's.