손해배상(기)
The defendant shall pay 15,00,000 won to the plaintiff and 5% per annum from September 2, 2020 to December 22, 2020 and the next day.
1. Facts of recognition;
A. The Plaintiff is a legal couple who completed the marriage report on April 6, 2009 with C.
B. The Defendant, while knowing that C was married to the Plaintiff, was the one of the parties to labor relations, such as having sexual intercourse with C from around 2016 to August 1, 2020.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts, even if the defendant knew that C is a spouse, it is obvious in light of the empirical rule that D and D’s communal living was infringed or obstructed by the maintenance thereof, and that the plaintiff was suffering from considerable mental suffering. Thus, the defendant is obliged to pay consolation money for mental suffering suffered by the plaintiff.
B. Considering the following circumstances as to the amount of consolation money that the Defendant is liable to compensate to the Plaintiff, the amount of consolation money shall be determined as KRW 15,00,000,000, in consideration of the following: (a) health group; (b) the period of marriage and family relationship between the Plaintiff and C; (c) the content, degree and period of unlawful act committed by the Defendant and C; (d) the impact of the Defendant’s unlawful act on marital life between the Plaintiff
C. Accordingly, the defendant, as a result of the lawsuit, is the plaintiff from September 2, 2020 to December 22, 2020, which is the day following the delivery date of the complaint of this case filed by the plaintiff, as the consolation money of KRW 15,00,000 and the day after the final illegal act.