손해배상(기)
1. The Defendant’s KRW 20,000,000 for the Plaintiff and 5% per annum from April 15, 2018 to the date the instant judgment became final and conclusive.
1. Basic facts 8 The plaintiff and C have two children as the legal couple who completed the marriage report at around 2008.
The Defendant, as a workplace bonus of C, maintained illegal relations such as having sexual intercourse from July 2013 to November 2017, even though he was aware of the fact that C was a spouse of C.
[Grounds for Recognition] Unsatisfy, each entry or video of Gap1-9 (including attachment of a provisional number), the purport of the whole pleadings
2. Determination
A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). According to the above basic facts, the Defendant committed an unlawful act, such as intercomcing with C while being aware that C is a spouse.
This constitutes an unlawful act that infringes on a marital life contrary to the essence of marriage or interferes with the maintenance thereof and infringes on the rights of the plaintiff's spouse.
Therefore, the defendant is liable to do so in money for mental damage suffered by the plaintiff.
B. Considering the various circumstances indicated in the argument of the instant case, such as the scope of the liability for damages by the Defendant and C’s wrongful act, the content, degree, and duration of the liability for damages, and the influence of the said improper act on the marital relationship between the Plaintiff and C, it is reasonable to determine the amount of consolation money to be paid by the Defendant to
Therefore, the Defendant’s consolation money of KRW 20,00,000 and its equivalent amount shall be from April 15, 2018 to the date when the copy of the complaint of this case was served on the Defendant, as the Plaintiff seeks, 5% per annum under the Civil Act from April 15, 2018 to the date when the judgment of this case becomes final and conclusive, and from the