A. As the Plaintiff’s wife was aware of the fact that he was a woman, the Defendant had committed an unlawful act, such as sexual intercourse with C for about four years, and thus, the Defendant should pay 50 million won as to mental suffering that the Plaintiff sustained as a tortfeasor.

B. The defendant only contacted or met with C, an employee of the same Military Manpower Administration, and did not engage in sexual intercourse.

In addition, since the family life of the Plaintiff and C has been broken down due to differences in the nature of the Plaintiff and C, even if the Defendant committed a wrongful act, the tort is not constituted.

2. Determination

A. 1) The Plaintiff, a person married with C on January 26, 199, has two children aged 16 and 11. 2) The Defendant, a class 4 public official working for the headquarters of the Military Manpower Administration, and C, a class 6 public official working for the headquarters of the Military Manpower Administration, became aware of the business relationship around December 2007, and became aware of the Plaintiff’s relationship from September 2016 to September 2016.

3 From February 1, 2014, the Defendant created a group of “D” on the NAV, a closed-type SNS service, and joined the group of “D” by the end of August 2016.

Among them, the following matters may be doubtful of internal relations between the defendant and C:

① 2014. 5. 11. C가 봄 소풍 사진을 올리자 피고는 ‘좋았겠당~ 젤 이쁘네 누가.’라고 댓글을 달고 C가 ‘오늘 대전에 갈뻔했지요~~’라고 하자 피고는 ‘오지’, ‘ㅎㅎ’, ‘다다음주에 오삼~ 대전’이라고 하였다.

② 2015. 3. 22. C가 베스트프렌드에 관한 글을 올리면서 마지막에 ‘사랑합니다~♥~’ 라고 하자 피고는 키스하는 모습의 이모티콘을 댓글로 올렸다.

③ 2015. 10. 4. 피고는 '굿모닝^~^우리 언제 명성산 또는 민둥산 억세 축제 갈 수 있을까 너무...