A. The plaintiff and C are legally married couple who completed the marriage report on April 9, 1997.

B. Around November 2016, the Defendant was aware of the entry of D University with C, and entered into an inhumanity relationship with C with the knowledge that C was his/her spouse, such as having sexual intercourse with C, and having traveled.

[Recognition] Facts without dispute, Gap 1 through 4, 6 through 8, and the purport of the whole pleadings

2. Determination as to the cause of action

(a) A third party whose liability for damages is constituted shall not interfere with a married life falling under the nature of marriage, such as intervening in a marital life of another person and causing a failure of the marital life;

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(See Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). As acknowledged earlier, the Defendant, even though being aware that C was a spouse, committed an act infringing upon the Plaintiff’s community life and interfering with the maintenance thereof by maintaining an inappropriate relationship with C from November 201, 2016, by maintaining a sexual intercourse with C, etc. with the knowledge that C was a spouse. As such, it is obvious in light of the empirical rule that the Plaintiff suffered emotional distress due to the Defendant’s tort, and thus, the Defendant is obligated to go against money and horses.

B. As to the amount of consolation money within the scope of liability for damages, comprehensively taking account of all the circumstances revealed in the pleadings of the instant case, such as health class, the period of fraudulent act of the Defendant and C, the background leading up to the Defendant’s fraudulent act, the content and degree of the fraudulent act, the Defendant’s attitude after the fraudulent act, the marriage period of the Plaintiff and C, and the extent that the fraudulent act affected the marital relationship with the Plaintiff and C, the amount of consolation money shall be 20.