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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a legal spouse of C and has one child among them.
B. Around 2005, C was aware of the Defendant, who is the drama actors, through the drama typeing of works, and C and the Defendant were aware of the Defendant. On February 2, 2012, C and the Defendant were sexual intercourses several times during the performance period of the drama work, “E” during which the Defendant participated as the main actors, and had sexual intercourses from around June 2012.
C. On December 27, 2016, the Plaintiff reported the text message sent by the Defendant to C, and became aware of the inappropriate relationship between the Defendant and C in the past.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
(a) An act that a third party who has a liability for damages causes mental distress to the spouse by 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, constitutes a tort;
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the above facts, the Defendant’s act of committing an unlawful act, such as sexual intercourse with C, the Plaintiff’s spouse, constitutes an unlawful act that undermines the peace of home against the Plaintiff, and this constitutes a tort against the Plaintiff. Thus, it is obvious in light of the empirical rule that the Plaintiff suffered emotional distress.
B. As to the scope of liability for damages and the amount of consolation money, it is confirmed by the health team, the marriage period and family relationship between the Plaintiff and C, the period, patterns, and degree of the Defendant and C’s wrongful act, and the period, mode, and degree of the Plaintiff’s 5 and 6 evidence. In other words, considering that the Plaintiff’s awareness of the aforementioned fraudulent act was sent to the unreciated fal of the cause after becoming aware, and the Plaintiff was consulted with C during the recent period, the amount of consolation money due to the Defendant’s illegal act is fifteen thousand won.