A. C (1967) is the spouse of the Plaintiff on February 17, 2015 (1965) who completed the marriage report with the Plaintiff (1965).

B. From October 2018 to January 2019, the Defendant returned to C and was aware that C had a spouse.

C. On December 11, 2018, the Defendant drafted a written statement to the Plaintiff, stating that “I wish not to read, or meet, C and telephone after this hour. I will not be punished.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, Eul evidence No. 3 (including provisional number, but hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant committed an unlawful act with C, and the plaintiff suffered serious mental pain, and the defendant is obligated to pay consolation money of KRW 30 million to the plaintiff.

B. Determination 1) A third party shall not interfere with a marital life falling under the essence of marriage by intervening in a marital life of another person. The act of a third party by committing an unlawful act with one of the married couple, thereby infringing on or hindering the marital life falling under the essence of marriage and infringing on the rights of the spouse as the spouse, thereby causing mental distress to the spouse, constitutes a tort in principle (see Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). The term “unlawful act” in this case is a broad concept that includes adultery, but does not reach the gap, but does not follow the marital duty of care of the married couple, and whether it is an unlawful act shall be evaluated in consideration of the degree and circumstances depending on specific cases (see Supreme Court Decisions 8Meu7, May 24, 198; 8Meu7, Nov. 10, 1992; 206Meu368, Nov. 26, 1992).