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1. The Defendant’s KRW 2,00,000 as well as the Plaintiff’s annual rate of 5% from August 4, 2015 to March 11, 2016, and the following.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legally married couple who completed the marriage report with C on September 22, 2000, and has D(E) and F(G).
B. On February 4, 2015, the Defendant came to know C through a lapping lapping procedure called “Decree”, and sent and received approximately 813 text messages with C from February 4, 2015 to October 10 of the same month.
Among them, C included the content of knowing that C is in marriage with the Plaintiff or suggesting sexual acts such as key, etc.
C. At around 10:00 on February 10, 2015, the Defendant had been simultaneously engaged in one hour at the mutual influence in the line of Ansan-si and Ansan-si. D.
C On February 13, 2015, the Plaintiff prepared a confirmation note of facts (Evidence A No. 4) that acknowledges that the Plaintiff had an inappropriate relationship with the Defendant, etc.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 5-1, Gap evidence No. 7, the purport of whole pleadings
2. Determination
A. 1) In principle, a third party’s act of infringing on or interfering with the common life of the married couple falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse, constitutes tort (see, e.g., Supreme Court Decision 2004Da1899, May 13, 2005). Meanwhile, even if the spouse’s unlawful act does not amount to sexual intercourse, all unlawful acts that are not faithful to the marital duty between the couple are included therein, and whether it constitutes an unlawful act shall be evaluated in consideration of the degree and circumstances depending on the specific case (see, e.g., Supreme Court Decision 87Meu5, May 26, 1987). According to the specific fact of recognition, the defendant knowingly committed an unlawful act with C with knowledge that it is a woman of the spouse of C, and thereby, the Plaintiff, the spouse of C, has suffered considerable mental pain.