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1. The Defendant jointly with C, as to KRW 15,00,000, and as to the Plaintiff, the year from October 16, 2019 to January 15, 2021.
Reasons
1. In case where one side of the married couple has committed an unlawful act, the other side of the married couple shall be liable to compensate for damages caused by a tort against the mental suffering which the spouse has sustained;
On the other hand, a third party shall not interfere with a married couple’s communal living which corresponds to the nature of the marriage, such as intervening in a couple’s communal living of another person and causing the failure of the couple’s communal living.
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 the spouse, thereby causing mental distress to the spouse constitutes a tort (see Supreme Court Decision 2011Meu 2997, Nov. 20, 2014). Furthermore, tort liability owed by either spouse and the third party is one of the joint tort liability and one of the joint tort liability (see, e.g., Supreme Court Decision 2013Meu2441, May 29). The Plaintiff and C is a legally married couple who reported a marriage on January 2, 2009; the Defendant maintained an inappropriate relationship with C for more than one year from the end of April 2, 2018, while having knowledge that he/she is a spouse C’s spouse; thereby, the Defendant appears to have led the Defendant’s negative relationship with C, and the Defendant’s negative relationship with C during which he/she had been a third party.
Of the first sex relation, the Defendant brought a criminal charge of C around April 2020 against the Defendant, who was raped by C. After the conclusion of the pleadings, following the non-contentious suit received by the Plaintiff in this court, issued a decision that C was not guilty of insufficient evidence as to the above rape complaint.
However, the reason for the non-prosecution of the case in this case does not know of the defendant about December 18, 2018 and about 07:39, immediately after the instant case.
It is reasonable that there is no consideration and care in this situation, but this situation is called "."