A. The Plaintiff and C are legal couple who completed the marriage report on June 4, 2015.

B. C began from September 20, 2017 to work as an employee from the restaurant operated by the Defendant.

C. The Defendant knew of the fact that C was a woman, and was rapidly friendly from November 2017, and entered the “E hotel” located in Gwangju City on December 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). “Cheating” in this context refers to a broad concept, including the adultery, which does not reach a common sense but does not faithfully fulfill the duty of mutual assistance of both spouses, includes any unlawful act. Whether it is an unlawful act or not ought to be evaluated in consideration of the degree and circumstances of the specific case.

(see, e.g., Supreme Court Decisions 88Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). According to the above facts of recognition, the defendant committed an unlawful act despite being aware that C is a spouse, and thereby, the plaintiff's marital relationship was infringed or has interfered with the maintenance thereof. Thus, the defendant is obliged to pay a monetary suffering suffered by the plaintiff.

B. Regarding the amount of consolation money that the Defendant is liable to compensate for.