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Reasons
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(영문) 인천지방법원 부천지원 2018.02.23 2017가단115486
손해배상(기)
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1. The Defendant’s KRW 10,000,000 as well as 5% per annum from November 11, 2017 to February 23, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report with Nonparty C on July 11, 2013.

B. Around July 2016, the Defendant, along with C, became aware of golf with C, and had a sexual intercourse with C from August 2016 to January 2017.

C. From October 19, 2016 to October 20, 2016, Defendant and C also sought Jeju-do travel. D.

C on October 4, 2016, paid approximately KRW 1,100,000 to the Defendant before and after the payment of KRW 1,00,000 to the Defendant, and paid KRW 1,00,000 on the pretext of money three occasions in total, and issued a check card by purchasing necessary articles, etc. to the Defendant.

[Ground for Recognition] Unsatisfy, Gap-1]

2. 4. 5 entries in the evidence (including each number), the purport of the whole pleadings;

2. Determination:

A. 1) In principle, a third party’s act of infringing on a married couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse, thereby causing emotional distress to the spouse constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) According to the above acknowledged facts, the Plaintiff is obvious in light of the empirical rule that the Plaintiff suffered considerable mental distress due to the infringement of a married couple’s communal life due to an unlawful act between the Defendant and C, and thus, the Defendant is obliged to pay compensation for emotional distress suffered by the Plaintiff.

B. In full view of all the circumstances shown in the pleadings of the instant case, such as the scope of liability for damages and the period of marital life between the Plaintiff and C, the degree and duration of the Defendant’s and C’s wrongful act, and the period of the instant lawsuit filed nine months after the Defendant and C’s wrongful act, and the Plaintiff and C maintained a marital relationship until now, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff as KRW 10,000,000.

3. According to the conclusion, the defendant.

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