손해배상(기)
1. The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from March 20, 2020 to November 24, 2020 and thereafter.
1. Facts of recognition;
A. The Plaintiff is a legally married couple who completed the marriage report with C on January 19, 2015, and has one child under the chain.
B. Around November 2019, the Defendant: (a) provided an independent contact with C from December 2019 to February 2020 with the knowledge that C was a spouse, and (b) provided several sexual intercourses.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5 through 8, 10, Eul evidence No. 2, the purport of the whole pleadings
2. The act of a third party making a judgment by committing an unlawful act with the spouse to infringe on or interfere with common life of the married couple falling under the essence of marriage and to inflict mental pain on the spouse by infringing on his/her right as the spouse, constitutes a tort in principle;
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the aforementioned facts, the Defendant committed unlawful acts, such as having sexual intercourse with C, even though he/she is aware that he/she is a spouse, thereby infringing on or interfering with the community life of the Plaintiff and C, and thus, is liable to compensate for mental suffering suffered by the Plaintiff.
Furthermore, in full view of all the circumstances revealed in the records and arguments, such as the marriage period of the Plaintiff and C, family relations, the background of the instant case, the period and degree of fraudulent act by the Defendant and C, and the Defendant’s attitude, it is reasonable to determine consolation money in KRW 20,00,000.
Therefore, the defendant is obligated to pay to the plaintiff 20,000,000 won and damages for delay calculated at the rate of 12% per annum under the Civil Act from March 20, 2020 to November 24, 2020, which is the date when the defendant delivered a copy of the complaint of this case to the defendant, as requested by the plaintiff, to the day after the day when the copy of the complaint of this case was delivered to the defendant.
3. Conclusion, the plaintiff's objection.