A. The Plaintiff is a legally married couple who completed a marriage report with C, and the Defendant sent text messages between C and C from May 2015 to August 2016, and provided them with a travel to Incheon Strengthening Group.

B. From August 2015, the Defendant was aware of the fact that C is a spouse with C’s spouse.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, 14 (including each number, if any) and the purport of the whole pleadings

2. The act, in principle, 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 a spouse by a third party who has committed an unlawful act with the spouse of the married couple, thereby causing mental suffering to the spouse shall constitute tort; and

(see, e.g., Supreme Court Decisions 2013Meu2441, May 29, 2015; 2004Da1899, May 13, 2005). “Cheating” in this context refers to a wider concept that includes the adultery, and includes any and all unlawful acts that are not faithful to the husband’s duty of mutual assistance, and the determination of whether an act constitutes an unlawful act ought to be evaluated in consideration of the degree and circumstances of the specific case.

(See Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.). In light of the above legal principles, the Defendant continued to contact the instant case with each other by using text messages with each other even though he/she is aware that he/she is a spouse of C, which constitutes an unlawful act infringing on the Plaintiff’s right as his/her spouse, since it is reasonable to deem that the instant case constitutes an infringement on the marital life falling under the essence of marriage, interfering with the maintenance thereof, and thereby constitutes an unlawful act infringing on the Plaintiff’s right as his/her spouse. Accordingly, the Defendant is liable to compensate the Plaintiff

3. Regarding the amount of consolation money to be paid by the defendant within the scope of liability for damages, health expenses.