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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 10, 2015 to July 12, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legally married couple who reported the marriage between Nonparty C and Nonparty C in 2011.
B. The Defendant, along with C, worked in D, sent and received text messages, such as C and attached text messages, around November 2015.
C. The Defendant, along with C, allowed access to the accommodation facility located in the host city of Suwon-si as well as the accommodation facility located in the host city of Suwon-si.
[Reasons for Recognition] Unsatisfy, each entry and video of Gap evidence Nos. 1 and 2 (including virtual numbers), and the purport of the whole pleadings
2. In principle, a third party who is liable to compensate for damages by committing an unlawful act with the spouse and thereby infringing on the spouse’s right as the spouse and interfering with the maintenance of a common life of the married couple falling under the essence of marriage, and thereby infringing on the spouse’s right as the spouse, constitutes a tort (see, e.g., Supreme Court Decisions 2011Meu2997, Nov. 20, 2014; 2013Meu2441, May 29, 2015). “Cheating” in this context refers to a broad concept that includes adultery, and does not reach the common sense, but all unlawful acts that do not comply with the marital duty, and whether it is an unlawful act or not shall be evaluated in consideration of the degree and circumstances depending on specific cases.
(Supreme Court Decision 2010Meu4095 Decided November 28, 2013). Comprehensively considering the foregoing facts, the Defendant appears to have known that C was a spouse of C, and it was highly probable that C had sexual intercourse with C even with the spouse, and even if not, it is obvious in light of the empirical rule that C had suffered mental pain by maintaining an inappropriate relationship with C with the spouse, which constitutes tort against the Plaintiff, and thus, the Defendant is obliged to pay the Plaintiff’s mental pain in cash.
3. As to the amount of consolation money that the defendant should pay, the health unit, and the amount of consolation money.