Text
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. The plaintiff and C are legally married couple who completed the marriage report on March 22, 2005.
B. C operates the “E Licensed Real Estate Agent Office” in Pyeongtaek-si D, and the Defendant served as a brokerage assistant at the office of the said licensed real estate agent from August 2015 to August 2017.
C. The Defendant knew that C had a legal spouse, and committed unlawful acts, such as exchanging contact with C in a private way from December 2015 to July 2016, and having sexual intercourse.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 21, 22 and 25, the purport of the whole pleadings
2. The plaintiff's assertion that the defendant committed a separate tort against the plaintiff by sending letters to the plaintiff on September 5, 2017; ② on November 24, 2017; and ② on January 22, 2018; and November 22, 2018; or on November 22, 2018 of the same year, sending letters to the plaintiff; or delivering a conjecture to the purport that C and the defendant committed a fraudulent act with a third party while sending letters to the plaintiff on November 22, 2018; thus, the plaintiff committed a separate tort. Accordingly, the plaintiff's claim amount and the claim amount of consolation money in total KRW 10 million for each tort and the claim amount of consolation money are stated below.
In addition, there is a duty to pay consolation money and damages for delay of 40 million won.
3. Determination
A. 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 the spouse by committing an unlawful act with the spouse, thereby causing mental pain to the spouse, constitutes tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). The term “unlawful act” in this context refers to a broad concept that includes the adultery, but does not reach the adultery, but includes any unlawful act that does not conform to the husband’s duty of good faith, and is thus included in such unlawful act.