손해배상(기)
1. The Defendant’s KRW 20,000,000 as well as 5% per annum from April 29, 2017 to November 22, 2017 to the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a married couple who completed the marriage report with C on July 14, 2011, and has two children in 2012 and 2014.
B. The Defendant is C’s workplace club fee, and around December 2015, C first met in the workplace training.
C. From May 2016, the Defendant knew that C had a legal spouse, he/she was individually her only and her drinking place in the telecom, was accommodated in the telecom, and was going to travel together with 2 days of gambling.
C was aware of the Plaintiff’s reservation made with the Defendant to go to Japan from December 2, 2016 to December 4, 2016.
E. By March 2017, the Defendant met or contacted C.
[Grounds for recognition] Each entry and video of Gap 1 through 9 (including branch numbers), and the purport of the whole pleadings
2. Determination
A. In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof, and infringing on a spouse's right as the spouse, thereby causing mental pain to the spouse constitutes a tort.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015). According to the above fact of recognition, the Defendant knowingly committed unlawful acts, such as having a sexual intercourse, with the knowledge that C is a spouse, thereby infringing on the communal life between the Plaintiff and C, interfering with its maintenance, and infringing on the Plaintiff’s right as the Plaintiff’s spouse.
The defendant is liable to do so in money for mental damage suffered by the plaintiff.
B. Taking into account various circumstances indicated in the argument of the instant case, such as the content, degree, and period of the unlawful act committed by the Defendant and C, the impact of the said improper act on the marriage between the Plaintiff and C, the marriage period between the Plaintiff and C, the Defendant appears not to reach any longer with C since March 2017, and the Defendant also suffered damage due to the Plaintiff’s notice, etc., the amount of consolation money that the Defendant is liable to compensate the Plaintiff is KRW 20 million.