손해배상(기)
1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from November 3, 2018 to July 12, 2019 to the Plaintiff.
1. Occurrence of liability for damages;
A. In full view of the overall purport of the pleadings in the evidence Nos. 1 and 2 of the facts of recognition No. 1 and 2 (including additional numbers), the Defendant is recognized as continuing to maintain an inhumanity relationship by establishing a sexual relationship with the Plaintiff’s wife C several times from March 2015 to September 2015.
B. The judgment couple shall live together and have the duty to support and cooperate with each other.
(Article 826 of the Civil Act). Husband and wife, as a community in which mental, physical, or economic combination is achieved, shall have the duty to cooperate and protect each other in a comprehensive manner so that marriage as a marital community is maintained, and shall have the right to such a duty.
As such, as the content of the marital or marital life maintenance obligation, the married couple bears the sexual duty that should not commit any unlawful act.
If one side of the married couple commits an unlawful act, the other side of the married couple shall be liable for damages caused by a tort against the mental suffering which the spouse has sustained.
On the other hand, a third party shall not interfere with a married couple’s community life, which is the essence of the marriage, by intervening in a marital community of another person and causing the failure of the marital community.
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, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the above facts of recognition, the Defendant committed an unlawful act with C with his/her spouse, and it is apparent that the Plaintiff, who is the spouse of C, suffered a considerable mental suffering due to such Defendant’s unlawful act, has a duty to pay for mental damage suffered by the Plaintiff in money.
2. Regarding the scope of compensation for damages, the health department, and the plaintiff as consolation money 40,000.