A. The Plaintiff was a couple who reported the marriage on September 6, 2005 with the deceased C (hereinafter “the deceased”). The Deceased died on July 20, 2014.

B. On October 2012, the Defendant knew that the deceased was his/her spouse, and, on November 12, 2012, had sexual intercourse with the deceased at the unfoldel near the Sindong-dong, Chungcheongnam-gu, Chungcheongnam-do, and around November 12, 2012, at the above market near the market, and around December 8, 2012, the Defendant had sexual intercourse with the deceased.

C. On September 2, 2014, the Plaintiff opened an electronic e-mail of the Deceased, and reported the past e-mail exchanged between the Deceased and the Defendant, and became aware of the deceased’s and the Defendant’s misconduct.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 9 (including provisional number), and the purport of the whole pleadings

2. In principle, the act that a third party who has a liability for damages infringes on a married couple's communal life falling under the essence of marriage or interferes with the maintenance thereof, and infringes on the right of the spouse as the spouse, thereby causing mental suffering to the spouse shall constitute tort.

(2) According to the above facts, the defendant is aware that he is a spouse of the deceased and has sexual intercourse with the deceased several times. Although the plaintiff became aware of such facts after the deceased's death, it is obvious in light of the empirical rule that the plaintiff suffered a considerable mental suffering, and thus, the defendant is obliged to pay the mental suffering suffered by the plaintiff in money or consolation money.

3. As to the amount of consolation money to be paid by the Defendant, the health team, the background, degree and duration of the unlawful act by the Defendant and the Deceased, marriage period and family relationship of the Plaintiff and the Deceased, whether the Defendant made efforts to recover the Plaintiff’s attitudes and damage, and whether the Plaintiff becomes aware of the unlawful act after the death of the Deceased.