Text
1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 14, 2019 to January 8, 2020.
Reasons
1. Facts of recognition;
A. The plaintiff is a legally married couple who completed the marriage report on May 22, 2009, and has minor children under the chain.
B. Around June 2018, the Defendant first known C, which was found at the main points operated by the Defendant, drank frequently at the above main points, and received gifts while giving and taking a sexual intercourse with C.
C. Meanwhile, on March 29, 2019, the Defendant found the Plaintiff and C’s house residing in the new wall hours.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 5, and 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 essence 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, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). B.
Considering the contents of text messages between the defendant and C, and the contents of telephone conversations between the plaintiff and the defendant, which are recognized as comprehensively considering the overall purport of Gap evidence Nos. 3, 4, 5, and 3 as well as the overall purport of arguments, the defendant was aware that C is a spouse, and C committed an unlawful act in violation of the duty of mutual assistance as a husband and wife beyond the simple improper relationship with the defendant, and the defendant is considered to have participated in such unlawful act.
Therefore, the defendant is liable to compensate for mental damage suffered by the plaintiff.
C. Furthermore, as to the scope of liability for damages, health group, the marriage period and family relationship between the Plaintiff and C, the period, content and degree of fraudulent act committed by the Defendant and C, the impact of such fraudulent act on the Plaintiff’s marital life, and the attitude of the parties concerned.