beta
Text
1. The Defendant’s KRW 17,00,000 as well as 5% per annum from August 30, 2019 to June 3, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff and C have two minor children under the law, who completed the marriage report on November 5, 2009.
B. Since September 2018, C had sexual intercourses with the Plaintiff’s Dong Chang-dong and the Defendant with whom the Defendant was born several times.
C was intended to take pictures of sexually related dynamics with the defendant, and it was also intended to pay money to the defendant several times.
C. On July 2019, the Plaintiff discovered multiple sexually related video images of the Defendant and C from the external hard disc. D.
In August 2019, the Plaintiff was diagnosed as an uneasy disability and depression in hospital around 2019 and received medical treatment after being diagnosed.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, each entry and video of evidence Nos. 1 and 2, and purport of the whole pleadings]
2. Determination
A. 1) In principle, a third party’s act of infringing on or interfering with a couple’s common life falling under the essence of marriage and infringing on the spouse’s right as the spouse, thereby infringing on the spouse’s right. According to the above acknowledged facts, it is clear in light of the empirical rule that the defendant committed an unlawful act such as sexual intercourse with C with C, etc. even though he knows that the spouse has a spouse, thereby infringing on or hindering the spouse’s common life of the Plaintiff and C’s maintenance. Accordingly, the defendant is liable to pay consolation money for the emotional distress suffered by the Plaintiff.
B. The amount of consolation money shall be determined as KRW 17 million, comprehensively taking into account various circumstances shown in the argument of the instant case, such as the scope of the liability for damages, the marriage period of the Plaintiff and C, the minor children among the two, the relationship between the Plaintiff and the Defendant, the background, duration and degree of the unlawful act, the Plaintiff and the Defendant’s situation after the occurrence of the unlawful act, the Plaintiff still maintains a matrimonial relationship with C.
(c).