손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The plaintiff (1959) is C (1957) and C's spouse (2) who completed the marriage report in 1982. The plaintiff and C have two children (1983, 1985).
B. C begins with the Defendant, an elementary school, from around 197 to around 1997, and from around 2004 to around this day, C was living together with the Defendant, and the Defendant was aware that C had a spouse.
[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 4, 9 through 15, 22 (including paper numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion that the defendant committed an unlawful act with C from around 1997, and from around 2004, he lived with C, and live together with his husband and wife. As such, the plaintiff suffered a serious mental suffering, so the defendant is obligated to pay consolation money of KRW 40 million to the plaintiff.
B. The Defendant’s argument that the Plaintiff and C’s community life of the married couple was not reached in 2000, and the Defendant thereafter was in de facto marital relationship with C around 2005, and thus, is not constituted tort.
Even if tort was established, the Plaintiff knew that the Defendant was living together with C from around 2005, and thus, the extinctive prescription of the part before June 21, 2015, which was three years prior to the filing date of the instant lawsuit, has expired, and the part after which the Plaintiff and C’s community life had already been extinguished, and thus, does not constitute tort.
C. A third party who made a determination as to the cause of a claim shall not interfere with a married couple’s communal living falling under the essence of marriage, such as intervention in a couple’s communal living, causing the failure of a couple’s communal living.
In principle, a third party's act of infringing on or impeding a couple's communal life falling under the essence of marriage and infringing on the rights of the spouse as the spouse, thereby causing mental pain to the spouse.