손해배상(기)
1. The defendant shall pay to the plaintiff KRW 20 million and 5% per annum from May 4, 2019 to January 21, 2020 and from the next day.
1. Facts of recognition;
A. On February 12, 1994, the Plaintiff and C have three children under the chain of law, who completed the marriage report.
B. The Defendant came to know from around 2016 that he had been on duty in the same workplace with C. Since around 2017, the Defendant entered into an improper relationship with C, with each other, such as with the awareness that C had a spouse, such as going out together with the awareness that C had a spouse, or her body was distributed at any time, in view of the escapeer, the voice of the party, and the body of the party’s body, such as “influence, as he was in the time of their gathering, he shall be love.”
【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 8, purport of the whole pleadings
2. Determination as to the cause of action
(a) A third party whose liability for damages is constituted shall not interfere with a married life falling under the nature of marriage, such as intervening in a marital life of another person and causing a failure of the marital life;
In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.
(See Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). As seen earlier, the Defendant, even though being aware that C was a spouse, while maintaining an inappropriate relationship with C from around 2017, committed an act of infringing upon and interfering with the maintenance of the marital life of the Plaintiff and C, while maintaining the marital life of the Plaintiff and C from around 2017. As such, it is obvious in light of the empirical rule that the Plaintiff suffered emotional distress due to the above Defendant’s tort, the Defendant is obligated
B. As to the amount of consolation money within the scope of liability for damages, the period of fraudulent act between the defendant and C, which is recognized by the aforementioned evidence and the purport of the entire pleadings, and the defendant C.