손해배상(기)
The defendant's KRW 18,00,000 for the plaintiff and 5% per annum from November 12, 2020 to February 2, 2021.
1. Facts of recognition;
A. On July 12, 2001, the Plaintiff has two minor children under the slurbly under the law, who completed the marriage report with C on July 12, 2001, and has maintained the marital life up to now.
B. The Defendant, despite being aware that C is a legal spouse, maintained improper relations, such as having a sexual intercourse, by dividing the conversations between Plaintiff Madra from June 2020 to September 2020, and by maintaining an inappropriate relationship, such as having a personal sexual intercourse.
(c)
On August 25, 2020, the Plaintiff became aware of the inappropriate relationship between C and the Defendant by confirming the telecom and restaurant, etc. in the Google G, and by dividing the conversations between C and the Defendant, around August 25, 2020, around August 25, 2020.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. Determination
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 infringing on a spouse’s right, constitutes a tort (see Supreme Court Decision 2011Meu 2997, Nov. 20, 201, etc.). B. According to the above facts acknowledged, the Defendant committed an unlawful act while being aware that C, who is the Plaintiff’s spouse, is a legally married spouse, thereby infringing on the Plaintiff’s communal life or interfering with the maintenance thereof, and infringing on the Plaintiff’s right as the Plaintiff’s spouse.
In addition, since it is apparent in light of the empirical rule that the plaintiff suffered a considerable mental suffering, the defendant has a duty to compensate for the plaintiff's mental suffering in money.
B. Regarding the amount of consolation money that a child is liable to compensate for by the defendant, the health class, the marriage period and family relationship of the plaintiff and C, the specific contents, period and degree of fraudulent act, the influence of the fraudulent act on the plaintiff's marital life, and the case.