A. In full view of the respective entries and arguments set forth in Gap evidence Nos. 1 through 10, 12, 13, 17, 20, 26, 27, and 28 (including each number), the following facts are recognized:

(1) After completing the marriage report on February 4, 2009 with C, the Plaintiff has one minor child (born in 2009) under the chain, and has maintained the marital life until now.

(2) On August 1, 2017, the Defendant committed an unlawful act, such as entering into a sexual relationship with C, knowing that C had a spouse by being married with C after having first known C as a business relationship.

(3) Around November 2017, even after C was aware of the foregoing insane relationship with the Plaintiff, the circumstances where C and the Defendant were not arranged were continued, and the Plaintiff filed the instant lawsuit on February 1, 2018.

(b) An act of a third party which causes mental pain to the spouse by infringing on a marital life falling under the essence of marriage or impeding the maintenance thereof, and infringing on the right as the spouse, shall constitute a tort.

In addition, tort liability borne by both husband and wife and third party is jointly and severally liable as joint tort liability.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the foregoing recognition, the Defendant committed an unlawful act, such as sexual intercourse, even though he/she is aware that C is a spouse, thereby obstructing or impairing the maintenance of the Plaintiff’s community life. The Plaintiff suffered emotional distress by infringing C’s right as his/her spouse.

Therefore, the defendant is liable to compensate the plaintiff for the above mental suffering.

2. As to the amount of consolation money, there are several arguments in the instant case, such as health group, the marriage period between the Plaintiff and C, the details and degree of the unlawful act in the instant case.