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1. The Defendant: (a) KRW 15,00,000 for the Plaintiff and the Plaintiff’s annual rate from January 4, 2019 to December 18, 2019; and (b) December 19, 201.
Reasons
1. The plaintiff asserted that the defendant, while being aware that C was a spouse under the law and caused mental distress to the plaintiff, he sought compensation for consolation money. The defendant left C from around 2015 to 10, and lived in Seoul, and the marital life among them was de facto distress. Even if not, the defendant did not commit an unlawful act with C, and the defendant did not know that C had a legal spouse.
2. Determination
A. The act that a third party of the relevant legal doctrine infringes on or interferes with a couple's communal life falling under the essence of marriage and infringes on the right as a spouse, thereby causing mental suffering to the spouse, in principle, constitutes tort.
(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) B.
Facts of recognition
1) The Plaintiff is a legally married couple who completed the marriage report with C on May 24, 1983, and has two adult children among them, and the Plaintiff has been living together in C and C and D at the original time. 2) The Plaintiff has been operating the F cafeteria in Mapo-gu Seoul, which is operated by the married couple of ASEAN after the marriage of ASEAN, and has been operating the said cafeteria in substantial exclusive charge from September 2015.
3 Even after the Plaintiff’s living from September 2015 to Seoul, the Plaintiff and the Defendant were children, grandchildren, and the Defendant around October 25, 2015.