beta
Text
1. The Defendant’s KRW 15,00,000 for the Plaintiff and 5% per annum from July 27, 2019 to October 10, 2019.
Reasons
1. On September 29, 2010, the Plaintiff and C have two minor children as a legally married couple who has reported the marriage on September 29, 2010.
Around February 2019, the Defendant became aware of C as a member of the same health care center and developed into a relationship, and even though C was aware that he/she had a legal spouse, maintained an illegal relationship with C, such as having a sexual relationship with C.
【Ground of recognition】 The fact that there has been no dispute, entries and videos of Gap's 1 through 14 (including various numbers, if any) and the purport of the whole pleadings
2. Determination on the cause of the claim
A. 1) In principle, a third party’s act of infringing on a married couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse by committing an unlawful act with the married couple’s husband and wife, thereby causing mental pain to the spouse constitutes a tort (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). Meanwhile, “illegal act” under Article 840 subparag. 1 of the Civil Act includes all acts that are not faithful to the duty of care as spouse, but are broad concepts rather than so-called “illegal act” rather than so-called “an illegal act” should be evaluated in consideration of the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decision 92Meu68, Nov. 10, 1992). According to the above recognition facts, the defendant knew and Cheating committed a tort with C’s spouse, and thus, the defendant has a duty of pecuniary suffering or mental suffering of the Plaintiff.
B. The scope of the liability for damages and the amount of consolation money that the defendant is liable for, the content and degree of the misconduct committed by the defendant and C, the period, the marriage period and family relationship between the plaintiff and C, and the defendant's improper act on the plaintiff's marital life.