A. The plaintiff is a legally married couple who completed the marriage report on October 10, 1996 with the non-party C and two children.

나. 피고는 C와 같은 사업장에서 근무하고 있는데, 핸드폰으로 ‘늘 당신 곁에 있을 게요♡’, ‘자기야~~~♡♡♡’, ‘ㅋㅋ~~사릉해요♡♡’, ‘자기가 정해, 내가 당신이 보고 싶다고~~’ 등의 문자를 주고받았으며, 2016. 1. 5.경에는 모텔을 대실하여 이용하기도 하였다.

[Ground of recognition] Facts without dispute, Gap 1-3, 5-7 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). In addition, Article 840 Subparag. 1 of the Civil Act is a broad concept including any unlawful act that is deemed not to be faithful to the husband’s duty of good faith, even if it includes the adultery, but does not reach the common sense as a broad concept.

Based on the above legal principles, considering the health unit and the above facts of recognition, C and the defendant committed an unlawful act, and the defendant recognized that C and the defendant committed an unlawful act while knowing that C had a spouse, thereby endangering the plaintiff's common life of the spouse who is the legal spouse of C.

Therefore, it is clear in light of the empirical rule that the plaintiff suffered mental suffering due to the defendant's improper act, and the defendant is obligated to pay the plaintiff's mental suffering in money.

B. As to the amount of consolation money within the scope of liability for damages, health team, the period of marital life between the Plaintiff and C, and the Defendant and C.