A. On February 7, 1990, the Plaintiff reported marriage with C, and two children between C and C.

B. On April 2018, the Defendant became aware of C at the friendship gatherings of the other people living in Busan, Ulsan, and Gyeongnam area.

In the process of entering the marital life issues, etc. with the Plaintiff, the Defendant came to have friendship C with the Plaintiff. From May 2018 to March 2019, the Defendant continued to visit C and Mael and hotel, and frequently visited C and C with an officetel leased by C to live separately from the Plaintiff, and made a trip to Mana as of March 2, 2019.

C. When the Defendant came to know that C has met with other males such as Defendant D, the Defendant sent text messages to the Plaintiff with a third party’s mobile phone and suggesting C’s intestine.

[Ground of recognition] Unsatisfy, Gap evidence 1 through Gap evidence 9, Eul evidence 1-1, 2-2, Eul evidence 2-1, 2-2, and the purport of the whole of the pleadings

2. Determination:

A. In principle, a third party's act of infringing on or interfering with a couple's communal life falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse constitutes a tort.

(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts, the Defendant knowingly committed an unlawful act with C with the knowledge that the Defendant had a spouse. As a result, it can be said that the Plaintiff’s marital relationship was infringed or obstructed by the maintenance thereof, and that the Plaintiff suffered emotional distress due to the instant unlawful act.

The defendant bears the duty to pay the plaintiff the mental suffering suffered by the plaintiff due to the defendant's wrongful act in money.

B. Regarding the amount of consolation money, the period of marriage between the plaintiff and C is limited.