beta
Text
The defendant's KRW 15,00,000 and its relation to the plaintiff shall be 5% per annum from January 18, 2020 to March 25, 2021.
Reasons
1. Facts of recognition;
A. The Plaintiff completed the marriage report with C on May 7, 1993, and has two children between C and C.
B. Since August 2016, the Defendant, while knowing that C is a father-child, maintained improper relations, such as entering into several sexual intercourses with C, from around August 2016.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. In a case where a third party who suffered a liability for damages commits an unlawful act with a spouse, thereby infringing on, or impeding the maintenance of, community life of the couple falling under the essence of marriage and infringing on the spouse’s right as the spouse, thereby causing mental distress to the spouse, the act constitutes tort against the other party’s spouse (see Supreme Court Decision 2011Meu 2997, Nov. 20, 201). According to the above facts of recognition, the Defendant maintained an inappropriate relationship with the spouse C, which is the Plaintiff’s spouse, thereby infringing on, or hindering the Plaintiff’s community life or infringing on his/her spouse’s right as his/her spouse. Accordingly, in light of the empirical rule, the Defendant is liable to compensate the Plaintiff for mental distress.
In regard to this, the Defendant asserts to the effect that, since the marriage relationship with the Plaintiff and C had already been terminated before the Defendant met with C, the Defendant’s unlawful act did not constitute a tort against the Plaintiff, and that, at the time when the Plaintiff’s children injured the Defendant’s wife on April 2019, the Defendant agreed that the Plaintiff would not claim consolation money against the Defendant on the ground of the instant unlawful act in return for the Plaintiff’s failure to proceed with civil and criminal procedures against the Plaintiff’s children, it was unfair for the Plaintiff to bring the instant lawsuit in violation of this provision.
The evidence presented by the Defendant alone is sufficient to support the Plaintiff and C’s prior to the delivery of C.