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1. The Defendant’s KRW 15,00,000 for the Plaintiff and 5% per annum from October 15, 2016 to September 22, 2017, respectively, shall be the Plaintiff.
Reasons
1. The fact that the plaintiff was a legally married couple who reported the marriage with C on June 12, 1982, and the plaintiff had four children among them can be acknowledged by considering the whole purport of the pleadings in the statement of evidence No. 1.
2. Plaintiff’s assertion and judgment
A. The summary of the Plaintiff’s assertion was committed by the Defendant from around 2014 to C, and the Plaintiff suffered emotional distress. Accordingly, the Defendant is obligated to pay 30,000,000 won as consolation money and delay damages to the Plaintiff.
B. The “illegal act” under Article 840 subparag. 1 of the Civil Act includes not only the adultery but also all the acts recognized as not fulfilling the duty of mutual assistance of the married couple (see, e.g., Supreme Court Decision 88Meu7, May 24, 1988). Meanwhile, by engaging in “illegal act” under Article 840 subparag. 1 of the Civil Act with a spouse and a third party, thereby infringing on or interfering with the communal life of the married couple falling under the essence of marriage and infringing on the rights of the spouse and causing mental pain to the spouse, in principle, constitutes tort.
(1) As to the instant case, the Defendant committed an unlawful act from around September 2014 to around September 2016, 2016, by knowing that C is a spouse, in full view of the following: (a) description of the health unit and the evidence No. 2 (each of the above written statements was written by the Plaintiff’s coercion; (b) the Defendant’s assertion that it was written by the Plaintiff; (c) there was no evidence to acknowledge it; and (d) the overall purport of pleadings in the video of the evidence No. 3, the Defendant may acknowledge the fact that C committed an unlawful act from around May 29, 2015 to around 2016, such as having a written statement, with knowledge of the fact that C is a spouse; and (c) thereby, the Defendant infringes on the Plaintiff’s community life or interfere with the maintenance of the Plaintiff’s maintenance,