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The defendant's KRW 20,00,000 and its interest to the plaintiff are 5% per annum from February 15, 2020 to September 10, 2020.
Reasons
1. Facts of recognition;
A. The plaintiff is a legally married couple who completed the marriage report with C on October 18, 2001, and has two children between C and C.
B. The Defendant, at the mountain conference, committed unlawful acts, such as joining C in the mountain conference as the relationship between C and C from around 2019, continuing to contact and meet with C, and engaging in sexual intercourse.
[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 12, and the purport of the whole pleadings
2. Determination:
A. (1) A third party’s liability for damages shall not interfere with a married couple’s communal living falling under the essence of marriage by interfering with a married couple’s communal living by causing a failure of the married couple’s communal living, etc. A third party’s unlawful act with either side of the married couple, thereby hindering a married couple’s communal living falling under the essence of marriage. A third party’s act of infringing on or interfering with a married couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the right as the spouse’s right, thereby causing emotional distress to the spouse
(2) According to the above facts of recognition, the Defendant committed an unlawful act with the knowledge that C is a spouse, thereby infringing upon the Plaintiff’s spouse’s right as his/her spouse by interfering with it, and it is apparent in light of the empirical rule that the Plaintiff suffered emotional distress due to the Defendant’s unlawful act, and thus, the Defendant is obliged to compensate for the Plaintiff’s emotional distress.
B. Furthermore, the scope of the liability for damages and all circumstances revealed in the pleadings of the instant case, including health team, the period of marital life of the Plaintiff and C, family relations, the Plaintiff’s health status, the period in which the Defendant continued to commit an unlawful act with C, and the circumstance in which the act was revealed, shall be considered as KRW 20,00,000.