손해배상(기)
1. The Defendant’s KRW 12,00,000 as well as its annual 5% from August 19, 2019 to March 11, 2020 to the Plaintiff.
1. Facts of recognition;
A. The plaintiff is a legally married couple who completed the marriage report with C on May 22, 2000, and has two minor children (each D and E) under the chain.
B. From February 16, 2019, the Defendant: (a) even though C had been aware that C had a spouse through F, sent telephone conversations with C and Kakaox with C while having been contacted with C; (b) had a physical contact with C, or had a sexual intercourse with C around April 16, 2019, when C and her spouse had been aware that C had a spouse.
C. Around April 16, 2019, the Plaintiff sent a message to the Defendant to the effect that the Defendant came to know of the relationship between the Defendant and C, and that “I will be the spouse of C, and that I will contact C again or meet C,” using C’s Kakaox Account.
On April 19, 2019, the Plaintiff filed an application with C for confirmation of intention of divorce, and the date of confirmation of intention of divorce was scheduled on August 6, 2019 and August 13, 2019 in the pertinent case, but the marriage between the Plaintiff and C continues to exist until now because the confirmation of intention of divorce has not been made.
[Ground of recognition] Unsatisfy, entry of evidence A1 to 7, purport of the whole pleadings
2. According to the above facts of recognition, it is reasonable to deem that the defendant committed an unlawful act with C, who is the spouse of the plaintiff, and that the defendant's unlawful act infringed the plaintiff's marital life and interfered with the maintenance thereof. Thus, the defendant is obliged to compensate for mental suffering suffered by the plaintiff due to such unlawful act in cash.
In addition, considering the various circumstances shown in the arguments in the instant case, such as the marriage period and family relations of the Plaintiff and C, the details, degree, period, and influence of the act committed by the Defendant and C, and the behavior of the Plaintiff and C after the act was revealed, the amount of consolation money to be paid to the Plaintiff is 12,00,000 won.
Therefore, the defendant's complaint of this case is sought from the plaintiff 12,00,000 won and the plaintiff.