A. The plaintiff is a legally married couple who completed the marriage report with C on November 4, 1998.

B. Around 2011, the Defendant became aware of the fact that C had been working as the head of the management headquarters and visited C to promote brain education to improve the job ability.

이후 피고는 C이 유부남인 사실을 알면서도 연락을 주고받으며 2012년경 C으로부터 휴대폰 메시지를 통하여 ‘봄기운이 느껴지네, 울 공주님도 느끼 B야 진심 러빙유‘라는 메시지를 받고, C에게 ’휘만 느끼~~ 완전 봄날씨‘ 등의 메시지를 보냈고, 2016. 2. 5.경 호텔명이 적혀 있는 메모지에 ’휘야! 2016년엔 좀 더 마니 웃고, 좀 더 건강하고, 좀 더 사랑하고, 좀 더 마니마니 같이하자고~♡‘라는 편지를 써주기도 하였으며, 2018년경에는 C과 성관계를 갖는 등 부정한 관계를 유지하였다.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10 (including branch numbers, if any) 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;

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the aforementioned facts, it is reasonable to deem that the Defendant committed an unlawful act with the Plaintiff’s spouse, thereby infringing on the marital relationship between the Plaintiff and C or interfering with its maintenance, thereby suffering mental pain on the Plaintiff. As such, the Defendant is obliged to bring the Plaintiff to money for emotional distress suffered by the Plaintiff.

Furthermore, with respect to consolation money that the Defendant is liable for, the period and degree of the wrongful act between the Defendant and C, recognized by the foregoing evidence.