손해배상(기)
1. The Defendant’s KRW 25,00,000 as well as 5% per annum from September 6, 2019 to June 17, 2020 to the Plaintiff.
1. Facts of recognition;
A. The plaintiff and C are legally married couple who completed the marriage report on August 9, 2003, and have three children between them.
B. The Defendant, despite being aware of the fact that C is a father-Nam, has continued to reach South Korea by starting a school system around July 2015, starting with C and one-day trip with C and one-day trip, or sending time at the motherel or the Defendant’s office.
Although the Defendant intended to adjust the relationship with C in the middle half-term radius in 2017, the Defendant asserted that C had reconvened from the end of 2017 due to the continuous demand of C, but there is no evidence to support it, and rather, according to the statement of evidence No. 5, even around that time, the details of transactions that C still seems to have been used in the process of meeting with the Defendant are confirmed, and thus, the above assertion is rejected.
【Fact-finding without dispute over the ground for recognition, entry of Gap evidence 1 through 23 (including additional number), entry of Eul evidence 1, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. 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 a spouse's right as the spouse, thereby causing mental pain to the spouse, constitutes a tort.
(See Supreme Court Decision 201Meu2997 Decided November 20, 2014, etc.). B.
According to the above facts of recognition, since the defendant had committed a fraudulent act for several years even though he/she is aware that he/she is a spouse of C, it shall be deemed that he/she violated or interfered with the maintenance of the marital life of the plaintiff and C, and that the plaintiff was suffering from mental pain in light of the empirical rule.
Therefore, the defendant is obliged to give monetary compensation to the plaintiff due to the above tort.
C. Furthermore, regarding the amount of consolation money, the period of marriage and marital relationship between the Plaintiff and C, and the content and period of fraudulent act between the Defendant and C;