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1. The Defendant’s KRW 12,00,000 as well as the Plaintiff’s annual rate of 5% from November 22, 2019 to July 8, 2020, and the following.
Reasons
1. Facts of recognition;
A. The Plaintiff and Nonparty C are legally married couple who completed the marriage report on March 10, 2014, and have one child between them.
B. The Defendant was known from C to C’s school creativity and was known to him.
C. On December 2017, the Defendant was aware of the fact that C is married and is a spouse, and was aware of the fact that C is a married person, and was aware of the fact that C was a married person, and the Defendant was aware of the Defendant’s husband while lodging in the maternity room.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. 1) Even if a third party of the relevant legal doctrine is liable for damages, it shall not interfere with a marital life falling under the essence of marriage by intervening in a marital life of another person, causing a failure of a marital life. The third party’s act of infringing or interfering with the maintenance of a marital life falling under the essence of marriage by committing an unlawful act with one of the married couple, and infringing the spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes a tort in principle (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) In light of the foregoing legal doctrine, according to the facts acknowledged above, the defendant committed an unlawful act, such as lodging in the maternity with C, even though he/she is aware that the spouse is a spouse, and the defendant is obvious in light of empirical rule that the plaintiff suffered serious mental distress due to infringing or interfering with the Plaintiff’s common life, and thus, is liable to compensate for mental damage suffered by the plaintiff.
C. As to the scope of damages and the amount of consolation money, various circumstances revealed in the pleadings of the instant case, such as health group, the period of marriage and family relationship of the Plaintiff and C, the degree, period and manner of misconduct between the Defendant and C, and the impact of the Defendant’s improper act on the marital life between the Plaintiff and C, shall be comprehensively considered.