The defendant shall pay 9,00,000 won to the plaintiff and 12% per annum from May 16, 2020 to the day of complete payment.

1. Basic facts

A. The Plaintiff and Nonparty C (hereinafter “Nonindicted Party C”) are legally married couple who completed the marriage report on June 22, 2015, and have one child under the chain.

B. Around September 2019, the Nonparty and the Defendant came to know of the Nonparty’s becoming aware of the Nonparty’s becoming the Defendant, and committed an unlawful act by means of sexual intercourse at the Defendant’s apartment or the apartment complex located in Gangnam-gu Seoul, from around that time to around March 2020.

At the time, the defendant was aware of the fact that the non-party was married.

C. On January 1, 2020, the Plaintiff: (a) received a confession from the Nonparty from the Nonparty for an unlawful act with the Defendant; (b) asked the Nonparty to discontinue the unlawful act with the Defendant and return to his family; (c) however, the Nonparty wanting to leave his family with the Defendant, and followed the unlawful relationship; and (d) around April 1, 2020, the Nonparty and the Defendant suspended the unlawful relationship with the Nonparty, as long as the Plaintiff’s wife’s wife was changed to the Defendant’s wife, after receiving a written statement from the Defendant to suspend the Nonparty’s remaining family with the Defendant.

[Reasons for Recognition] Evidence A (including each number), the purport of the whole pleadings

2. Determination: An act of a third party by committing an unlawful act with a spouse, thereby infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof, and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse, constitutes a tort in principle;

(See Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the aforementioned facts, the Defendant, even though he/she was aware that he/she was married, committed an unlawful act by committing a sexual intercourse with the Nonparty, thereby infringing the Plaintiff’s spouse’s right as his/her spouse, thereby causing emotional distress to the Plaintiff. Accordingly, the Defendant is liable to compensate for tort.

I would like to say.

Furthermore, regarding the scope of the compensation for damages, the circumstances in which the defendant was in school with the non-party, and the plaintiff.