손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and the amount from August 14, 2018 to June 12, 2019.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff completed the marriage report with C on December 20, 2012, and maintains the relationship with C as a legally married couple.
B. From September 2015, the Defendant conspired with C with physical relationship with C, and was aware that C was a spouse since May 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 4, witness C's partial testimony, purport of whole pleadings
2. Determination on the main claim
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 Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). “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 situation of the specific case.
(See Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.). In light of the above legal principles, the Defendant continued to establish a physical relationship even while maintaining the educational system with the knowledge that C is a spouse, and it is reasonable to deem that this constitutes an unlawful act that infringes on the marital life, which constitutes the essence of marriage, interferes with the maintenance thereof, and infringes on the rights of the Plaintiff’s spouse. Thus, the Defendant is liable to compensate the Plaintiff for emotional distress inflicted upon the Plaintiff.
B. As to the amount of consolation money to be paid by the Defendant within the scope of compensation, it can be seen by comprehensively taking account of the aforementioned evidence.