2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. The plaintiff (1973) is a legal couple who has completed the marriage report on August 8, 2000 and three children (2001, 2007, 2010, 201) under the chain.

B. C, around 2015, became aware of the Defendant’s access to the arms operated by the Defendant, by visiting the arms operated by the Defendant, and entered into an inhuman relationship with the Defendant with the Defendant by August 2017.

C. While maintaining the above relationship, the Defendant was aware of C’s spouse’s existence.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). According to the health stand for the instant case, the Defendant’s act constitutes a tort against the Plaintiff, who is the spouse of C, and thereby, it is obvious in light of the empirical rule that the Plaintiff suffered considerable mental pain.

Therefore, barring special circumstances, the defendant is obligated to pay consolation money and damages for delay for the mental suffering of the plaintiff due to the above illegal act to the plaintiff.

B. As to the scope of liability for damages and the amount of consolation money, in full view of all the circumstances revealed in the arguments, such as health team, the marriage period and family relation of the Plaintiff and C, the content, degree and period of the unlawful act of the Defendant and C, the circumstances leading to the unlawful act and the following circumstances, the Defendant’s attitude after the occurrence of the unlawful act, etc., it is reasonable to determine the amount of consolation money as KRW 10 million.

C. Accordingly, according to the theory of litigation, the defendant is liable to the plaintiff for consolation money of KRW 10 million and this.