손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The plaintiff is married on December 16, 1998 with C and is in marital relationship.
B. Around 2017 after the Defendant came to know with C, the Defendant sent text messages to each other until February 20, 2019, and committed unlawful acts, such as drinking food or drinking food at the Defendant’s home, etc.
C. On February 20, 2019, the Plaintiff came to know of such circumstances and arranged the relationship with the Defendant, and the Defendant sent a text message to C to the effect that C will inform the Plaintiff or his/her father and wife of the relationship with the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, it is reasonable to view that C committed a tort which infringes upon or interferes with the Plaintiff’s common life or the maintenance of the Plaintiff’s spouse by committing an unlawful act while knowing that C was in a marital relationship with the Plaintiff, and caused mental suffering to the Plaintiff by infringing upon the Plaintiff’s spouse’s right as the spouse (see, e.g., Supreme Court Decision 201Meu2997, Nov. 20, 2014). Therefore, the Plaintiff is liable to pay consolation money for mental suffering therefrom.
As to this, the defendant started internal relations without knowing the fact that C was the father-and-child, and even after becoming aware of the fact, the plaintiff and C maintained internal relations after hearing from C that the marital relationship had been extinguished due to a long time since it had been separated from C, and in fact, the plaintiff and C's marital relationship had already been extinguished. However, the defendant's assertion is without merit, since there is no evidence to acknowledge it.
B. The amount of consolation money shall be determined as KRW 15 million in consideration of all the circumstances, such as the above facts of recognition and the period of marriage between the plaintiff and C, the existence of his child, the form, degree and period of wrongful act, etc., which can show the overall purport of the arguments.
C. Therefore, the defendant.