손해배상(기)
1. The Defendant’s KRW 8,00,000 as well as the Plaintiff’s annual rate of KRW 5% from June 10, 2017 to November 8, 2017.
1. Basic facts
A. The Plaintiff is a legally married couple who completed a marriage report with C on June 24, 2015, and has one child (in 2015) under the chain.
B. The Defendant, at the pPC game site, came to know of “Seok’s home game”, and came to know of “Seok,” the storage of the same site, and from December 2016, at the same time, there was a sexual intercourse between C and C while teaching with C.
[Ground for Recognition: Facts without dispute, entries or videos of Gap 1 through 21 (including each branch number in the case of additional number) and the purport of whole pleadings]
2. The assertion and judgment
A. Each of the parties' arguments (1) Since the defendant, even though he was aware of his spouse's existence, committed an unlawful act, the defendant is obligated to pay consolation money of 50,000,000 won and damages for delay for mental damage suffered by the plaintiff.
(2) The Defendant’s summary of the Defendant’s assertion began with C as an unmarried person. However, around January 2017, C was aware that C was an unmarried person, and thus, C was suspended from meeting, and thus, there is no liability for damages to the Defendant.
B. 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, thereby infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the spouse's right as the spouse, constitutes a tort in principle.
(see Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). The following circumstances acknowledged by the foregoing evidence and the purport of the entire pleadings were known to C around January 2017, 201, even if the Defendant’s assertion was based on the Defendant’s assertion, the Defendant continued to teach C and travel with C, and continued contact with C at the game site until August 2017, where the lawsuit of this case is pending, and the Defendant’s assertion appears to have continued contact with C, such as running the game with C.