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1. The Defendant’s KRW 20,000,000 per annum from March 5, 2020 to August 25, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and C are legally married couple who completed the marriage report on November 22, 2011, and the Defendant is a person who has married with D around 2004.
B. C, while working at the health administration team of the E Hospital on July 2013, upon the Plaintiff’s death with the Defendant who was working at the same hospital, began to engage in fraudulent acts, such as sexual intercourse, etc., and thereafter, C, who received a claim from the Plaintiff who became aware of the fact, would arrange the relationship with the Defendant to the Plaintiff.
C. However, C continued to maintain the relationship with the Defendant, and the Plaintiff, which became aware of this, demanded the Defendant to hedge around July 2019.
After that, as the defendant continued with C and C, the plaintiff knew of the relation between C and his husband around January 2020.
[Ground of recognition] Facts without dispute, entry in Gap 1 through 9, purport of the whole pleadings
2. Determination
A. 1) In principle, a third party’s act of infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse’s right as a spouse by committing an unlawful act with the spouse, thereby infringing on the spouse’s right (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) According to the above acknowledged facts, the Defendant is liable to compensate for mental suffering suffered by the Plaintiff, inasmuch as he/she, even though he/she is a spouse, infringes on the Plaintiff’s communal life with C or interferes with the maintenance thereof and infringes on the Plaintiff’s right as the spouse.
B. In full view of all the circumstances such as the scope of damages and the marriage period and family relation of the Plaintiff and C, the content, duration, and degree of the Defendant’s unlawful act, the impact of the Defendant’s unlawful act on the Plaintiff’s marital life, and circumstances after the occurrence of unlawful act, the amount of consolation money shall be KRW 20 million.
C. According to the theory of lawsuit, the defendant is against the plaintiff.