손해배상(기)
1. The Defendant’s KRW 15,00,000 and the following day shall be 5% per annum from September 6, 2016 to February 8, 2017 to the Plaintiff.
1. Facts of recognition;
A. The plaintiff is a husband and wife who completed the marriage report on May 6, 1997.
B. On April 2015, the Defendant sent C to a restaurant. After being aware of the fact that D had been married with the Plaintiff, the Defendant was aware that D had a legal spouse despite having been married with the Plaintiff, and became an individual South Korea from that time until August 2016, and contacted with the Plaintiff through Kakao Stockholm, and took part in the travel with other persons.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 11 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.
(see, e.g., Supreme Court Decisions 2013Meu2441, May 29, 2015; 2004Da1899, May 13, 2005). “Cheating” in this context refers to a wider concept that includes the adultery, and includes any and all unlawful acts that are not faithful to the husband’s duty of mutual assistance, and the determination of whether an act constitutes an unlawful act ought to be evaluated in consideration of the degree and circumstances of the specific case.
(see, e.g., Supreme Court Decision 92Meu68, Nov. 10, 1992). According to the above facts of recognition, the Defendant, despite being aware that C is a spouse, continued to communicate with one another with a view to communicating with other.
This constitutes an unlawful act that infringes on the right of the plaintiff as the spouse and interferes with the maintenance of marital life which is the essence of marriage.
Therefore, the defendant is liable to do so in money for mental damage suffered by the plaintiff.
B. The defendant shall pay damages to the extent of liability.