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1. The Defendant (Counterclaim Plaintiff) paid KRW 17 million to the Plaintiff (Counterclaim Defendant) and against this, from September 26, 2017 to March 6, 2018.
Reasons
1. According to the evidence presented by the Plaintiff as to the claim of this lawsuit and the purport of the oral argument, the Plaintiff and C are legally married couples who are 10 years of age and 7 years of age, and C and the Defendant met at the real estate auction meeting around 2015. From around 2016 to around 2016, they were aware that C had a spouse, and have established a sexual relationship at the nearby her mother and the Plaintiff’s home in the Yangsan-si. The Plaintiff and C have maintained their marital relationship until the date of the closing of argument in this case.
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 the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). “Cheating” in this context refers to a wider concept, including the adultery, that does not reach the gap between the couple, but does not reach the gap between the couple’s emotional duty and any unlawful act that is not faithful to the husband’s emotional duty, and whether it constitutes an unlawful act ought to be evaluated in consideration of the degree and situation of the specific case.
(see, e.g., Supreme Court Decision 92Meu68, Nov. 10, 1992). According to the above facts of recognition, the Defendant continued to teach with one another, even though C is aware that it is a spouse.
This constitutes an unlawful act that infringes on the right of the plaintiff as the spouse and interferes with the maintenance of marital life which is the essence of marriage.
Therefore, the defendant is liable to do so in money for mental damage suffered by the plaintiff.
As to the scope of damages, the defendant can be seen from the health care unit, the evidence and the purport of the entire pleadings.