손해배상(기)
1. The Defendant’s KRW 15,00,000 as well as annual 5% from May 5, 2019 to December 10, 2019 to the Plaintiff.
1. Facts of recognition;
A. On June 12, 2014, the Plaintiff reported marriage with C, and two children between C and C.
B. C and the Defendant, who were working in D, was aware of from October 8, 2018, and was in Korea from around November 201, 2018, came to be friendly by being given and received gifts. Thereafter, on November 23, 2018, a drama was seen as well as on December 25, 2018, and had a sexual intercourse with a hotel.
C. On January 2, 2019, the Plaintiff became aware of C and the Defendant’s misconduct.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 12, Eul evidence 1 to 7, the purport of the whole pleadings
2. Determination
(a) A third party shall not interfere with a married couple's communal living which corresponds to the essence of a marriage, such as causing a failure of a married couple's communal living by intervening in a marital life of another person;
In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.
(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). “Cheating” in this context refers to a broad concept, including the adultery, which does not reach a common sense but does not faithfully fulfill the duty of mutual assistance of both spouses, includes any unlawful act. Whether it is an unlawful act or not ought to be evaluated in consideration of the degree and circumstances of the specific case.
(See Supreme Court Decision 88Meu7 delivered on May 24, 198, and Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.) B.
According to the above facts of recognition, the defendant, knowing that he has a spouse C, committed an unlawful act with C, thereby infringing upon or hindering the marital life of the plaintiff and C, which corresponds to the essence of the marriage between the plaintiff and C, and infringed on the rights of the plaintiff as his spouse.