A. The Plaintiff and D completed the marriage report on December 18, 2003, and among them, one minor child was placed.

B. The Defendant committed unlawful acts, such as adultery, while maintaining a friendly relationship with D who worked in the same workplace from around 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of action

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 Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). Also, tort liability borne by either spouse and a third party is jointly and severally liable as a joint tort.

(Supreme Court Decision 2013Meu2441 Decided May 29, 2015). The Defendant knowingly committed an unlawful act with D with D despite having knowledge of his/her spouse, it is reasonable to deem that the Defendant’s act infringed upon the Plaintiff’s right as the spouse of D. It is clear in light of the empirical rule that the Plaintiff suffered serious mental pain.

Therefore, as a joint tortfeasor, the defendant is obligated to compensate the plaintiff for the above mental damage as a joint tortfeasor.

B. As to the amount of consolation money that the Defendant is liable to pay to the Plaintiff, all the circumstances revealed in the pleadings of the instant case, including health team, the period of marriage between the Plaintiff and D, the period of fraudulent act committed by the Defendant and D, the form and degree of such fraudulent act, and the degree of the impact of the said fraudulent act on the Plaintiff’s marital relationship, and the Defendant’s spouse F brought a lawsuit against the Plaintiff’s spouse D seeking consolation money on the ground of unlawful act with the Defendant’s spouse D.