beta
Text
1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate from August 7, 2018 to May 1, 2019, and the following.
Reasons
1. Facts of recognition;
A. On April 2, 1998, the Plaintiff married with C and C on September 3, 2012, but married again on March 7, 2018. The said divorce was made due to the Plaintiff’s obligations, and continued to maintain de facto marriage during the divorce period.
B. The Defendant began with C from around 2015 to April 2018. From around 2017 to around 2018, C had an unlawful relationship with C by being aware that it was the Plaintiff’s spouse.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings
2. In principle, an act of a third party who causes mental distress to the spouse by infringing on or interfering with a marital life falling under the essence of marriage and by infringing on the right as a spouse by committing an unlawful act with the spouse of the married couple, constitutes a tort;
(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). In such cases, marriage and the right of spouse protected in the composition of the aforementioned tort include not only legal divorce but also de facto marriage.
According to the above facts, the defendant, at least from around 2017, knew that C had a marital relationship with C while being in a marital relationship with the plaintiff, was aware of the fact that C had an illegal relationship with C (the defendant, against this point, became aware of the marital relationship only after the beginning of 2018, or has maintained an illegal relationship by intimidation from C, but according to the statements in the evidence Nos. 4 and 6, the defendant's argument is difficult to believe)'s communal living or maintenance is obstructed, and since he infringed upon the plaintiff's right as a de facto spouse, thereby suffering mental pain to the plaintiff, the defendant is liable to compensate the plaintiff for mental damage suffered by the plaintiff.
Furthermore, the arguments of this case are shown in the arguments of this case, such as the background of the act of misconduct, the contents, period and degree of the act of misconduct, and the impact on the marital life.