beta
Text
1. The defendant's KRW 10,000,000 for the plaintiff and 5% per annum from February 28, 2020 to November 24, 2020 for the plaintiff.
Reasons
1. Basic facts
A. The plaintiff and C are legally married couple who completed the marriage report on June 11, 1980, and have adult children under the chain.
B. Around March 2007, the Defendant became aware of C by chance, and around May 2010, the Defendant became aware of C, and even around May 201, and C had a sexual intercourse with C, knowing that C has a legal spouse.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, 13 through 16, the purport of the whole pleadings
2. The act of a third party making a judgment by committing an unlawful act with the spouse, thereby infringing on a 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, thereby causing mental pain to the spouse, constitutes a tort in principle;
(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 any act that is not faithful to the duty of good faith as a spouse, but is a broad concept rather than the so-called “illegal act” and “illegal act” ought to be evaluated in consideration of the degree and circumstances depending on specific cases.
(1) In light of the above legal principles, the Defendant is obliged to compensate for mental damages suffered by the Plaintiff, since it is apparent in light of the empirical rule that the Defendant would have suffered considerable mental pain by infringing upon the Plaintiff’s communal living between the Plaintiff and C and infringing on the Plaintiff’s spouse’s rights, by citing the facts seen earlier in light of the aforementioned legal principles.
Furthermore, with respect to the amount of consolation money that the defendant is liable for, the health class, the marriage period and family relationship of the plaintiff and C, the contents, period and degree of misconduct, the degree of suffering suffered by the plaintiff due to the defendant's improper act, and the impact on the marital life of the defendant.