손해배상(기)
1. The Defendant’s KRW 12,00,000 as well as the Plaintiff’s annual rate from November 8, 2018 to June 7, 2019, and the following.
1. Facts of recognition;
A. The plaintiff and C are legally married couple who completed the marriage report on November 23, 2004.
The plaintiff and C have two children.
B. From around 2017 to around 2018, the Defendant, as a fitnessr, had a sprink relationship with C, such as having a sexual intercourse with C.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 8 (including virtual numbers), and the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion that the defendant committed an unlawful act with C and C, which are the plaintiff's spouse, and infringed the plaintiff's common life with C and C. Accordingly, the plaintiff suffered mental suffering, and the defendant is liable to pay consolation money of KRW 30,000,100 and delay damages to the plaintiff as compensation for damages caused by such unlawful act.
B. The judgment-making third party shall not interfere with a married couple’s community life falling under the essence of marriage, such as interfering with a couple’s community life by causing the failure of a married couple’s community life.
In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the above facts, the Defendant committed an act that infringes upon and interferes with the maintenance of the marital life of the Plaintiff and C by maintaining an inappropriate relationship with C from 2017 to 2018, while maintaining a sexual relationship with C, etc., and thereby, caused mental pain to the Plaintiff due to the Defendant’s tort, and thus, the Defendant is obliged to pay consolation money in an appropriate amount to the Plaintiff.
As to the amount of consolation money, the defendant and C recognized by the health team, the evidence and the purport of the entire pleadings presented by the plaintiff.