A. The Plaintiff and C are married couple who completed the marriage report on August 8, 1986.

The defendant is the spouse of the plaintiff, and is working for the same company as C (the plaintiff and C's children's children's representatives).

B. Around March 2019, the Plaintiff became aware that C is the Defendant after checking the following circumstances.

C. On May 1, 2019, C posted a group photo (the photo taken by the Defendant and his employees) at the company workshop at the family organization Kakao Stockholm held on May 1, 2019, and put up a message “Seosando Security Credit and Love,” and sent a sexual relationship with the Defendant, etc.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. The act of a third party making a judgment by committing an unlawful act with the spouse to infringe on or interfere with common life of the married couple falling under the essence of marriage and to inflict mental pain on the spouse by infringing on his/her right as the spouse, constitutes a tort in principle;

(대법원 2014. 11. 20. 선고 2011므2997 전원합의체 판결 참조). 피고는 C의 처남댁으로 C에게 배우자가 있는 사실을 알면서도 C과 부정한 관계를 맺어 온 사실은 앞서 본 것과 같고, 이와 같은 피고의 행위는 원고가 C의 배우자로서 가지는 권리를 침해하였다고 봄이 타당하고, 이로 인하여 원고가 상당한 정신적 손해를 입었을 것임은 경험칙상 명백하므로, 피고는 원고가 입은 정신적 손해를 배상할 의무가 있다.

Furthermore, with respect to the amount of damages (amount of consolation money), the health team, the marriage period between the Plaintiff and C, the period processed by the Defendant by the unlawful act, the patterns and degree of such unlawful act, the impact of the said unlawful act on the marriage between the Plaintiff and C (in particular, the Plaintiff, C and the Defendant by marriage) and the instant lawsuit.