A. The plaintiff and C are legally married couple around October 2000, and have one child (the birth in 2001) between them.

B. The Defendant committed unlawful acts, such as adultery, while maintaining a friendly relationship with C 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 fact that the Defendant knowingly committed an illegal act with C with C despite being aware of his/her spouse’s existence is as seen earlier. Such an act by the Defendant is reasonable to deem that the Plaintiff infringed upon the rights of the Plaintiff’s spouse as C, and it is clear in light of the empirical rule that the Plaintiff suffered a serious mental pain.

Therefore, the defendant, as the joint tortfeasor, has the obligation to compensate the plaintiff for the above mental damage.

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 marriage period between the Plaintiff and C, the period, form and degree of fraudulent act committed by the Defendant and C, and the degree of influence of the said fraudulent act on the marriage between the Plaintiff and C, and the Defendant’s spouse F brought a lawsuit against the Plaintiff’s spouse C seeking consolation money for a fraudulent act with the Defendant.