손해배상(기)
1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be respectively.
1. Facts of recognition;
A. The Plaintiff and C are legally married couple who completed the marriage report on October 23, 2004, and they have 205 and 2010 births under the sus.
B. On November 2015, the Defendant: (a) was singing in a singing voice; (b) came to know of C as a customer around November 2015; (c) even after being aware that C had left his/her place of residence; and (d) maintained C’s relationship with his/her place of residence, and maintained C’s relationship with his/her name after having come to Korea on February 1, 2016.
C. Meanwhile, the Plaintiff filed a lawsuit for divorce, etc. against C with the Daejeon Family Court Branch 2016ddan5157, but withdrawn the said lawsuit on June 17, 2016, and again filed a lawsuit for divorce and designation of a custodian with the Suwon District Court 2017ddan505169, and the said lawsuit is pending.
[Ground of recognition] The descriptions of Gap evidence Nos. 1 through 15, 19, 20, and 21, the results of the reproduction of video and sound recording files, the purport of the whole pleadings
2. Determination
A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the foregoing recognition in the instant case, it is reasonable to deem that the Defendant committed an act with the Plaintiff’s spouse, thereby infringing a matrimonial relationship between the Plaintiff and C, or interfering with its maintenance, thereby suffering mental pain on the Plaintiff. As such, the Defendant is obliged to pay a monetary reward for emotional distress suffered by the Plaintiff.
B. The continuous period and degree of fraudulent act between the defendant and C, which is recognized by each evidence mentioned above, the influence of the fraudulent act on the plaintiff's marital life, the marriage period of the plaintiff and C, the defendant's fraudulent act, and the plaintiff's greater pain.