A. The Plaintiff and C are legally married couple who completed the marriage report on August 5, 2009.

The plaintiff and C have one child under one name.

B. The Defendant became aware of C while doing daily part-time work of the company C working for C.

The defendant knew that C is a person with spouse, and has established an inhumanity relationship with C over three times from October 2018 to November 201 of the same year.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 6 (including branch numbers in case of additional number), Eul evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant committed an unlawful act with C and C, which are the plaintiff's spouse, and infringed the plaintiff's common life with C and C. Accordingly, the plaintiff suffered mental suffering, and the defendant is liable to pay consolation money of KRW 30,000,100 and delay damages to the plaintiff as compensation for damages caused by such unlawful act.

B. The judgment of a third party shall not interfere with a married couple’s community life falling under the nature of the marriage, such as intervening in a couple’s community life of another person and causing the failure of the married couple’s community life.

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(See Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). According to the above basic facts, the defendant, despite being aware that he was a spouse of C, committed an act infringing upon and impeding the maintenance of the marital life of the plaintiff and C by maintaining an inappropriate relationship with C from October 2018 to November 201 of the same year, while maintaining a sexual relationship with C. The plaintiff suffered mental pain due to the defendant's tort.