A. On January 24, 2003, the Plaintiff reported the marriage with C.

B. Around January 2014, the Defendant first known C at the drinking place with D, and thereafter came to have a sexual relationship with C at the drinking place, etc. as of April 2014 and May 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. 1) A person who has a spouse and a person who has committed an unlawful act is liable to commit a tort against his spouse and thereby, the person’s mental suffering is obligated to do so. Also, an unlawful act stipulated in Article 840 subparag. 1 of the Civil Act includes not only the adultery but also all the acts recognized as not fulfilling the husband’s duty of good faith. In this case, as seen in the underlying facts of the instant case, the Defendant and C had sexual intercourse at the end of April 2014 and around May 1, 2014. As such, the act committed by C constitutes an unlawful act committed by the husband and wife, and the Defendant participated in such unlawful act, the Defendant is liable to compensate for mental suffering by the Plaintiff, who is the spouse of C, as the Defendant did not know that C had a spouse at the time of giving rise to the reduction of the Plaintiff’s emotional distress.

However, as evidence consistent with the Defendant’s aforementioned argument, evidence Nos. 1 (D) is indicated, this is about the following circumstances that can be seen by adding up the entire purport of the pleadings to evidence Nos. 5 through 7, evidence Nos. 9 through 13, evidence Nos. 17 through 19, and witness E’s testimony, namely, ① inappropriate relationship with the Defendant for the first time or with C around May 12, 2014.