손해배상(기)
1. The Defendant’s KRW 10,000,000 as well as the annual rate of KRW 5% from October 29, 2019 to January 9, 2020 to the Plaintiff.
1. Facts of recognition;
A. The Plaintiff and C are the legal couple who reported marriage on January 16, 2017, and have one child between them.
B. From February 2018 to May 2018, the Defendant, despite being aware of the existence of spouse C from February 2018 to May 2018, committed an illegal relationship with C by sexual intercourse with C.
[Evidence Evidence: Records of Evidence No. 1 to 4, the contents of recording, and the purport of the whole pleadings]
2. Determination as to the cause of action
A. Husband and wife of legal principles are obliged to live together and support and cooperate with each other (Article 826 of the Civil Act). Husband and wife are also obligated to cooperate and protect each other as a mentally, physically or economically combined community, to ensure that marriage as a marital community is maintained, and have the right to cooperate comprehensively among them.
As a matter of such duty of living together or the duty of maintaining marital life, married couple shall not engage in any unlawful act, and they shall bear the sexual duty of care.
Accordingly, if one of the married couple makes an illegal dismissal, it becomes a cause of judicial divorce pursuant to Article 840 of the Civil Code, and the other spouse is liable to compensate for the mental suffering suffered by the spouse due to the illegal act.
On the other hand, a third party shall not interfere with a marital life falling under the essence of the marriage by intervening in a marital life of another person and causing a failure of the marital life. A third party's act of infringing on the marital life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse's right to it, in principle, constitutes tort.
(See Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). B.
Judgment
1 According to the above facts of recognition, the defendant is recognized to have committed an unlawful act such as sexual intercourse with C, the spouse of the plaintiff for a period of several months.
The defendant's status.