A. The plaintiff and C are legally married couple who completed the marriage report on December 21, 2007 and two children (six years of age and four years of age).

B. Around February 2015, the above C came to know of the Defendant through Internet hosting and came to teach the Defendant. A around May of the same year, the Defendant knew of the fact that he/she was the father of the Defendant. However, the above C and the Defendant came to contact and directly contact each other thereafter.

C. On September 9, 2015, the Plaintiff filed a divorce lawsuit against the said C with the Ulsan District Court 2015Ddan23048, but withdrawn the divorce lawsuit against the said C on June 17, 2016.

[Reasons for Recognition] Unsatisfy, entry and video of Gap evidence 1 to 4, 8, 9 (including attachment of provisional number), the purport of the whole pleadings

2. Assertion and determination

A. (1) The plaintiff asserts that the defendant should pay consolation money in KRW 15 million to the plaintiff because he suffered mental pain to the plaintiff, such as infringing the plaintiff's marital life by committing an unlawful act by the defendant and the above C.

(2) As to this, the defendant asserts that the above C did not know of the remaining father-child circumstances, and that the defendant did not intend to infringe on the plaintiff's marital life.

B. (1) Determination (1) In principle, a third party’s act of infringing on or interfering with a couple’s communal life falling under the essence of marriage and infringing on a spouse’s right as the spouse, thereby causing mental pain to the spouse, constitutes tort.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). (2) The evidence as seen earlier, in particular, according to the video and witness C’s testimony as to the evidence No. 4, the Defendant knew that C is a married person, and recognized the fact that C was contacted until December 2015, 2015, by being aware that it was a married person.

As above, the defendant violated the plaintiff's communal living or obstructed the maintenance of the plaintiff's marital life by committing an unlawful act with the above spouse C, and suffered mental suffering by infringing the plaintiff's spouse's right as the spouse.