A. The plaintiff is the husband of C who completed the marriage report with C on December 17, 1998.

B. Around May 2016, the Defendant sent and received Kakakao Stockholm messages with obscene content that seem to suggest a sexual relationship with C, and on July 11, 2016, even though having known this fact and promised not to contact C again, the Defendant again continued to provide C and Kakao Stockholm messages with obscene content around August 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion was known that C was a spouse under the Plaintiff’s law, but the Defendant committed an unlawful act from May 2016 to August 2016. Accordingly, the Plaintiff and C’s marital relationship caused the failure.

Therefore, the defendant is obligated to pay 30,000,000 won to the plaintiff as compensation for damages under Article 750 of the Civil Act.

B. Determination 1) A third party shall not interfere with a couple’s community life falling under the essence of marriage by intervening in a couple’s community life of another person and causing the failure of a couple’s community life. A third party’s act of infringing on or interfering with a couple’s community life falling under the essence of marriage by committing an unlawful act with a spouse, and infringing on the spouse’s right as the spouse, thereby causing mental distress to the spouse, constitutes a tort in principle (see, e.g., Supreme Court en banc Decision 2011Meu297, Nov. 20, 2014; Supreme Court Decision 2004Da1899, May 13, 2005). According to the above recognition, it is reasonable to deem that the defendant committed an unlawful act with C with a spouse. Since it is apparent in light of the empirical rule that the plaintiff, who is the spouse of C, suffers considerable mental distress due to the above Defendant’s tort, the defendant has a duty to pay consolation money or consolation money.