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1. The Defendant’s KRW 15,00,000 as well as 5% per annum from October 19, 2016 to September 21, 2017 to the Plaintiff.
Reasons
1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in addition to the entries in Gap evidence 1-1, 2, and 4-1, and the testimony of the witness C, the whole purport of the pleadings.
The plaintiff and C are legally married couple who completed the marriage report on April 9, 1998, and have two children between them.
B. At around August 2014, the Defendant maintained illegal relations, such as joining C, a creative student of an elementary school, with knowledge that C had a spouse from October 2014 to December 2015, by maintaining a sexual intercourse with C, even though C was aware that C had a spouse.
2. Determination:
A. 1) 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 a spouse by committing an unlawful act with the spouse, thereby causing mental pain to the spouse, constitutes tort (see, e.g., Supreme Court Decisions 2013Meu2441, May 29, 2015; 2004Da1899, May 13, 2005). 2) The Defendant committed an unlawful act, including sexual intercourse, for a considerable period of time, even though he/she is aware that he/she is a spouse of C, and this constitutes an act of infringing on a couple’s communal life falling under the essence of marriage or infringing on the Plaintiff’s right as the spouse.
Therefore, the defendant has a duty to do so in monetary reward for mental suffering suffered by the plaintiff.
3 In regard to this, the Defendant asserts that ① before the Defendant and C commenced the teaching system, the Plaintiff’s husband and wife were in fact in the state of the marriage dissolution, ② even though the Defendant attempted to terminate the relationship with C, C was leading to the Defendant’s future and time, the relationship with the Defendant changed to the Plaintiff’s position. ③ The relationship with the Defendant became more favorable due to the relationship with the Plaintiff.
According to the evidence Nos. 3-1 and 2, C shall perform the duty of care on August 25, 2014.