A. The Plaintiff is a person who completed the marriage report with C on September 21, 2007.

The plaintiff has three children (3 children, 2010, 2012, and 2017) between C and C.

B. The Defendant became aware of C in the course of operating Mayang Pacac, and came to school since 2017, and entered the Macaca on October 26, 2017.

The release was discovered, and it became known that C is a person who has a spouse at that time.

C. The Defendant’s spouse D filed a lawsuit against C against C on the ground of an unlawful act between C and the Defendant, as the Cheongju District Court 2017Ddan14322, and the said court rendered a judgment on July 11, 2018, that “C shall pay D 15,00,000 won, and interest calculated at the rate of 15% per annum from December 1, 2017 to July 11, 2018, and 5% per annum from the next day to the date of full payment.”

Accordingly, C appealed as Cheongju District Court 2018Reu1383, but the above appellate court rendered a judgment dismissing C’s appeal on December 19, 2018, and on January 8, 2019, the judgment of the first instance became final and conclusive as it is.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2, 4, 5, and 6, Gap evidence No. 3, Gap evidence No. 1 and 2, the purport of the whole pleadings

2. Determination

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s communal life falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes a tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). 2) According to the above acknowledged facts, the Defendant, even though he/she is aware that he/she is a spouse of C, thereby infringing on or interfering with the Plaintiff’s communal life with C by committing unlawful act with the knowledge that he/she is a spouse of C, is liable to compensate for emotional distress suffered by the Plaintiff.

(b).