A. On January 18, 201, the Plaintiff has two minor children under the chain of law as a husband and wife who has reported a marriage with C and C on January 18, 201.

나. 피고는 2018. 11.경부터 C과 서로를 ‘남푠, 마눌’로 호칭하고, ‘너무 보고파’, ‘넌 누구꺼니’, ‘난 C꺼야’, ‘넌 내꺼야’, ‘사랑해’라는 D 메시지를 주고받고 함께 호텔에 가는 등 부정행위를 하였다.

[Ground of Recognition] Facts without dispute, entries in Gap evidence 1 through 19 (including each number), or the purport of the whole pleadings

2. Determination:

A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the aforementioned facts, it is reasonable to deem that the Defendant committed an unlawful act with the Plaintiff’s spouse, thereby infringing on the marital relationship between the Plaintiff and C or interfering with its maintenance, thereby suffering mental pain on the Plaintiff. As such, the Defendant is obliged to bring the Plaintiff to money for emotional distress suffered by the Plaintiff.

As to this, the defendant asserts that C was not aware of the fact that C was the father before being served with the copy of the complaint in this case since C was divorced from the first time.

However, according to the overall purport of Gap evidence Nos. 5 through 8, 12, and 13 and the whole pleadings, it is reasonable to view that the defendant, at the latest, knew of the fact that C was pro-Namon around February 25, 2019. Thus, even if the defendant first knew of the fact that C was pro-Namon at the time of delivery, C was pro-Namon.

Even if the establishment of the defendant's tort does not affect the establishment of the tort.

B. The content, degree, and degree of fraudulent act between the defendant and C within the scope of liability for damages.