손해배상(기)
1. The Defendant’s KRW 15,00,000 as well as 5% per annum from September 21, 2018 to November 29, 2018 to the Plaintiff.
1. Facts of recognition;
A. The Plaintiff and C are legally married couple who completed the marriage report on January 4, 2008, and two children (DE birth and F G birth) between them.
B. The Defendant worked as an air-condition cleaning engineer at the same workplace as C.
C. From February 2018, the Defendant sent the message, such as “competing,” through several messages, or divided obscene conversations that suggest each other’s sexual relationship or similarity, while knowing that C is a person who is married and is a spouse.
On May 27, 2018, the Plaintiff became aware of the relationship between C and the Defendant only after viewing the conversation between C and the Defendant from the mobile phone of C.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. Determination
A. 1) Even if a third party of the relevant legal doctrine is liable for damages, it shall not interfere with a married couple’s community life falling under the essence of marriage by intervening in a marital life of another person, causing a failure of a marital life. The third party’s act of infringing or interfering with the maintenance of a married couple’s community life falling under the essence of marriage by committing an unlawful act with one of the married couple, and infringing his/her spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes a tort in principle (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) In light of the foregoing legal doctrine, according to the foregoing, the Defendant committed an unlawful act, such as aiding with C even though he/she is aware that he/she is a spouse of C, and the Defendant knowingly inflicted emotional distress to the Plaintiff by impairing or impeding
As such, there is a duty to compensate for mental damage suffered by the plaintiff.
B. As to the Defendant’s assertion, the Defendant’s marriage between the Plaintiff and C is the school system.