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1. The Defendant’s KRW 15,00,000 and the following day shall be 5% per annum from December 5, 2017 to May 1, 2018 to the Plaintiff.
Reasons
1. In full view of the overall purport of the pleadings and arguments, the facts of recognition are as follows: (a) the Plaintiff is a father who is raising three children after completing the marriage report with C on April 2, 2004; (b) the Defendant first becomes aware of C at a golf meeting on August 2016; (c) the Defendant was aware of C at the golf meeting for the first time on February 2, 2017; and (d) the Plaintiff was in in an inhuman relationship, including physical relationship, such as cotakia, accompanying travel on the north Sea on August 2017, and living together with C’s residence.
2. Determination
A. (i) Illegal act committed by a spouse as stipulated in Article 840 subparag. 1 of the Civil Act refers to not only the adultery but also all unlawful act committed not conforming to the marital duty (see, e.g., Supreme Court Decision 88Meu7, May 24, 198). In addition, in a case where a couple’s relationship was extinguished due to having known or could have known of the fact that it is the father and the mother, and by living together and having been able to know of it, it would result in the failure of the marital relationship, the tort liability is established.
(See Supreme Court Decision 75Da1484 delivered on April 13, 1976, etc.). In the instant case, the Defendant inflicted mental pain on the Plaintiff by infringing upon or impeding the Plaintiff’s community life by committing an unlawful act while C knew or could have known of the fact in a marital relationship with the Plaintiff, thereby infringing the Plaintiff’s right as the spouse.
Therefore, the defendant is liable for compensating for mental damage suffered by the plaintiff.
See The defendant asserts that the marital relationship between the plaintiff and C has been actually broken down due to the plaintiff's fault, and C's active efforts have been complied with.
However, there is no evidence to acknowledge the above facts of the defendant's assertion, and according to the above facts of recognition, the defendant can be socially accepted as a person who has C's spouse and children.