손해배상(기)
1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 30, 2016 to May 31, 2017.
1. The following facts of the recognition are not disputed between the parties, or may be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and Eul evidence Nos. 3 and 4 (if there are serial numbers, including each serial number; hereinafter the same shall apply):
On December 9, 1998, the Plaintiff completed the marriage report with the deceased C (hereinafter referred to as the “the deceased”) and two married children (D and E) under the chain.
B. From November 2015 to July 4, 2016, the Defendant, despite being aware of the deceased’s spouse, continued to have a sexual intercourse several times with the deceased, and continued to have a sexual intercourse with the deceased.
C. On July 1, 2016, the Plaintiff filed an application for confirmation of intention of divorce with this court on July 1, 2016, upon the deceased’s active request for divorce.
After that, on July 4, 2016, the Deceased was killed by F, the former husband of the Defendant.
2. Determination
A. In principle, a third party who is liable to compensate for damage, by committing an unlawful act with the spouse, thereby infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof, and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse constitutes tort.
According to the above facts, the Defendant committed an unlawful act, such as a sexual intercourse with the deceased who is his spouse from November 2015 to July 2016, and thereby inflicted mental pain on the Plaintiff by infringing the Plaintiff’s common life of the married couple, and thereby, is liable to compensate the Plaintiff for the emotional distress inflicted on the Plaintiff.
B. 1) The amount of consolation money shall be determined as KRW 25 million in consideration of all the circumstances, such as the fact of recognition and the process and period of marital life between the Plaintiff and the Deceased, the period and degree of the Defendant’s unlawful act committed, and the impact of the Defendant’s unlawful act on the marriage between the Plaintiff and the Deceased. 2) As to this, the Plaintiff may murder the Deceased due to the Defendant’s unlawful act with the Deceased.