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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from February 22, 2019 to May 31, 2019.
Reasons
1. Facts of recognition;
A. The plaintiff and C are legally married couple who completed the marriage report on November 9, 1994, and have two children under the chain.
B. At around 2013, the Defendant and C worked together in the singing room operated by the Defendant, and maintained internal relations for about five years after the commencement of the instant sexual intercourse.
C. The plaintiff maintains a matrimonial relationship with C until now.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination:
A. A third party who has a liability for damages shall not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of another person and causing a failure of the couple’s communal living. The third party’s act of infringing a couple’s communal living falling under the essence of marriage or interfering with maintenance thereof and infringing a spouse’s right as the spouse, in principle, constitutes tort.
However, if the husband and wife was not yet divorced, but the couple’s community life was actually broken down and has become irrecoverable, even if the third party committed an unlawful act with the husband and wife, it cannot be deemed as infringing on the husband and wife’s community life or interfering with the maintenance thereof, and thereby, it cannot be said that the damage was caused to the spouse’s right as to the marital community, and thus, the third party’s unlawful act does not constitute tort (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). In light of the above legal principles, according to the above acknowledged facts, the defendant has a sexual intercourse with the knowledge that the spouse is a spouse, and continues to maintain this sexual intercourse, which infringes on the couple’s community life corresponding to the essence of marriage, or interferes with its maintenance, and infringes on the Plaintiff’s right as the spouse.