beta
Text
1. The Defendant’s KRW 20,000,000 as well as 5% per annum from April 26, 2019 to February 7, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff and C are legally married couple who completed the marriage report on June 23, 1984, and have two children under the chain.
B. Around June 2018, the Defendant became aware of C at the ESA located in Daegu-gu, Daegu-gu, and received and sent Kakakao Stockholm messages from June 22, 2018 to January 24, 2019, and sexual intercourses occurred four times from July 2018 to December 2018.
C. The Plaintiff filed the instant lawsuit against the Defendant seeking damages due to tort, and the Defendant filed a complaint with the Plaintiff and C as a litigation fraud.
In the above accusation case, on January 17, 2020, the Plaintiff and C testified to the effect that “the Defendant, despite having knowledge of sexual intercourse with C, was reached the instant complaint in order to exempt the Defendant from the liability of civil procedure despite having been sexual intercourse with C, and as a result, the answer of the Defendant’s “no” was judged to be a false reaction.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion that the defendant committed an unlawful act with C, who is the plaintiff's spouse, and filed a complaint with C to intentionally delay the lawsuit of this case and caused mental suffering to the plaintiff. Thus, the defendant shall pay consolation money of KRW 31 million and delay damages to the plaintiff.
B. In principle, a third party’s act of infringing on or interfering with a couple’s communal life falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse constitutes a tort.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts of recognition, the Defendant, knowing that C is a spouse, committed an unlawful act with C while being aware that C is a spouse.