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1. The Defendant’s KRW 13,00,000 as well as 5% per annum from May 9, 2018 to May 22, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legally married couple who completed the report of marriage with C, and the Defendant ended with C from around 2010 to January 2017, with physical relationship as well as with C.
B. From around 2013, the Defendant was aware of the fact that C had a spouse.
[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 5, Eul evidence 7-1 to 4, the purport of the whole pleadings
2. The act, in principle, 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 a spouse by a third party who has committed an unlawful act with the spouse of the married couple, thereby causing mental suffering to the spouse shall constitute tort; and
(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 that includes the adultery, and includes any and all unlawful acts that are not faithful to the husband’s duty of mutual assistance, and the determination of whether an act constitutes an unlawful act ought to be evaluated in consideration of the degree and situation of the specific case.
(See Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.). In light of the above legal principles, the Defendant continued to establish a physical relationship even while maintaining the educational system with the knowledge that C is a spouse, and it is reasonable to deem that this constitutes an unlawful act that infringes on the community life of the married couple, which falls under the essence of marriage, interferes with the maintenance thereof, and infringes on the Plaintiff’s spouse’s right as the spouse. Accordingly, the Defendant is liable for the emotional distress suffered by the Plaintiff.
3. The content, period, and degree of fraudulent act known by the defendant as to the amount of consolation money to be paid by the defendant, and the evidence mentioned above, and the defendant's act.