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1. The Defendant’s KRW 18,00,000 as well as the Plaintiff’s annual rate of 5% from April 6, 2018 to July 24, 2018, and the following.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legally married couple who completed the marriage report with C on August 31, 2017.
B. From December 2017, the Defendant committed an unlawful act, such as entering into a matrimonial relationship with C or communicating with text messages, even though he/she is aware that C has a spouse by marriage between C and C.
[Grounds for Recognition] Unsatisfy, entry and video of Gap evidence 1 through 7 (including branch numbers for those with a satisfy number) and the purport of the whole pleadings
2. Determination
A. A. A third party’s liability for damages does not interfere with a couple’s community life falling under the essence of marriage by intervening in a couple’s community life of another person. A third party’s act of infringing on or maintaining a couple’s community life falling under the essence of marriage by committing an unlawful act with one of the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, in principle, constitutes tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the facts found earlier, the Defendant, even though having knowledge of the existence of a spouse, did not interfere with the Plaintiff’s community life or maintenance, and infringed the Plaintiff’s right as the spouse, thereby causing emotional distress to the Plaintiff. Therefore, the Defendant is liable for compensation for emotional distress suffered by the Plaintiff as a tort.
B. The scope of liability for damages is examined; the period of marriage between the Plaintiff and C, the period and content of the unlawful act committed by the Defendant and C, the influence of the unlawful act on the marital life and the degree of the failure of marriage; and the amount of consolation money is determined as KRW 18,00,000 in consideration of various circumstances revealed in the pleadings.
C. Accordingly, the defendant shall serve the plaintiff a consolation money of KRW 18,000,000 and a copy of the complaint sought by the plaintiff after the date of tort.