A. The plaintiff is a legally married couple who completed the marriage report with C on October 7, 2008, and there is two minor children among them.

B. From around the end of 2017, the Defendant was aware of the existence of a spouse to C, and was in a friendly relationship with C, such as establishing a sexual relationship with C, and such relationship was maintained until the Defendant’s wife was removed from the Defendant’s wife around May to June. 2019.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination as to the cause of action

A. A third party who has a liability for damages shall not interfere with a couple’s communal life falling under the essence of marriage by intervening in a couple’s communal life of another person and causing failure of a couple’s communal life. A third party who, in principle, infringes on or interferes with a couple’s communal life falling under the essence of marriage by committing an unlawful act with one of the married couple, thereby infringing on his/her right as the spouse and causing mental distress to the spouse.

(See Supreme Court Decision 201Meu2997 Decided November 20, 2014, etc.). According to the aforementioned facts, the Defendant committed a tort that infringes upon the Plaintiff’s community life by committing an unlawful act, such as establishing a sexual intercourse and maintaining a close relationship with a third party with the knowledge of the fact that C was a marital relationship, thereby committing a tort. Therefore, the Defendant is obliged to pay the Plaintiff emotional distressed by the Plaintiff in money.

B. Considering the following circumstances: (a) the scope of compensation for damages and the amount of consolation money is determined as KRW 15 million, taking into account the following circumstances: (b) the Plaintiff and C’s period of marriage and family relationship; (c) failure in a marital relationship; and (d) the period and degree of unlawful act committed by the Defendant and C; and (c) the overall purport of the arguments

C. According to the theory of lawsuit, the defendant is a solatium of 15 million won and a tort against the plaintiff.