Text
1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate from June 6, 2018 to August 20, 2018, and the following.
Reasons
1. Facts of recognition;
A. The Plaintiff is a married couple who completed the marriage report on December 6, 2010 with C and one child (D) under his/her chain.
B. From September 2017, the Defendant sent and received the Kakao Stockholm message from the twiter of the Twits Center accompanying C, as shown in attached Table 1 with C.
B. The Plaintiff sent text messages to the Plaintiff to the effect that the Defendant recognized that the Plaintiff had sexual intercourse with C as shown in attached Table 2.
[Reasons for Recognition] Each entry (including paper numbers) of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination
(a) A third party shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by causing a failure of a married couple's community;
In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.
(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). “Cheating” in this context refers to a broad concept, including the adultery, which does not reach a common sense but does not faithfully fulfill the duty of mutual assistance of both spouses, includes any unlawful act. Whether it is an unlawful act or not ought to be evaluated in consideration of the degree and circumstances of the specific case.
(See Supreme Court Decision 88Meu7 delivered on May 24, 198, and Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.) B.
According to the above facts of recognition, it is recognized that the defendant committed unlawful acts such as having sexual intercourse with C several times, and these acts of the defendant constitute tort by infringing on the common life of both the plaintiff and C or interfering with their maintenance.
As a result, the plaintiff was infringed on his spouse's right and suffered from mental suffering, so the defendant was the plaintiff.