A. The Plaintiff and C are legally married couple who completed the marriage report on July 2, 2010, and have two children.

B. On November 2017, C and the Defendant came to know of the fact that the Defendant left the church accompanying the Plaintiff and C as a transfer agent.

The Defendant, despite being aware of the spouse’s existence, maintained internal relations, such as having met with C directly from June 2018 to August 2020, or having displayed a rumor through a mobile phone, and having maintained sexual intercourse.

[Grounds for recognition] Unsatisfy, Gap 1-5 evidence, the purport of the whole pleadings

2. Determination

(a) A third party shall not interfere with a married couple’s communal living falling under the nature of marriage, such as where the third party is involved in a couple’s communal living, thereby causing the failure of a couple’s communal living.

In principle, a third party's act of infringing on or interfering with common life of both spouses falling under the essence of marriage and infringing on the rights of the spouse as the spouse and causing mental pain to the spouse shall constitute a tort.

2) According to the facts of recognition, the Defendant, even though he was aware that C had married with the Plaintiff, maintained a resistant relationship with C, thereby suffering from mental pain to the Plaintiff.

The defendant is liable to compensate for mental damage suffered by the plaintiff due to such tort.

B. In full view of all the circumstances revealed in the pleadings of the instant case, such as the period of marriage between the Plaintiff and C, the details and degree of fraudulent act between C and the Defendant, the period of the Defendant’s improper act, the impact of the Defendant’s improper act on the Plaintiff’s husband and wife’s community life, in particular, the Plaintiff and the Defendant maintained an illegal relationship with C through religious activities, and the Defendant’s attitude, it is reasonable to determine the amount of consolation money as KRW 25,

3. Conclusion, the Defendant seeks to the Plaintiff KRW 25,00,000 as damages for mental damage and the Plaintiff’s claim against the damages after the date of tort.