The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from September 8, 2020 to January 14, 2021.

Basic Facts

On November 27, 2006, the Plaintiff reported marriage with C on November 27, 2006, and two children have C.

C After becoming aware of the Defendant working at the Contact Private Teaching Institutes around August 2018, 2018, C continued to engage in an illegal act by having the Defendant enter the company where C works for the Defendant, even though he/she came to know of his/her relationship with the Defendant, around February 2019, he/she decided to discontinue to serve with the Defendant after having complied with the relationship with the Defendant, but he/she continued to serve with the Defendant on May 2019.

Although the defendant became aware of his spouse in the Do to teach C, the defendant did not discontinue the illegal act with C.

C and the defendant's improper act was interrupted on May 2020.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 8 (including branch numbers, if any), Eul evidence Nos. 1 through 3, and a statement of the purport of the whole pleadings and arguments

A. In principle, a third party’s act of infringing on or interfering with a couple’s communal life falling under the essence of marriage and infringing on a spouse’s right as a spouse, thereby causing mental distress to the spouse, constitutes a tort (see Supreme Court Decision 201Meu2997, Nov. 20, 2014, etc.). According to the above facts of recognition, the defendant can be found to have committed an unlawful act with C even though he/she was aware of the spouse’s existence, and such act of the defendant infringes on the Plaintiff’s spouse’s right as the spouse and infringes on the Plaintiff’s right as the Plaintiff’s spouse, and the defendant shall compensate for mental distress suffered by the Plaintiff due to such unlawful act.

B. All the arguments of this case are shown in the arguments of this case, such as the content and background of the misconduct of this case, the period of marriage and family relationship of the plaintiff and C, the impact of the misconduct of this case on the plaintiff's marital life, the circumstances where the misconduct was discovered, and the relationship after the occurrence of the misconduct.