A. The plaintiff is a legally married couple who completed the marriage report with C on May 18, 2004, and has one child under the chain.

B. Around August 2014, the Defendant came to know with C in the course of performing his/her duties, and C knowingly committed unlawful acts, such as having sexual intercourse, around December 2017, with knowledge of his/her spouse.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1-1 to 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s communal life falling under the essence of marriage and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse, thereby causing mental pain to the spouse, constitutes tort (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) According to the above acknowledged facts, the Defendant committed an unlawful act with C and C, thereby infringing on the communal life between the Plaintiff and C and infringing on the Plaintiff’s spouse’s right as the spouse, and thus, the Plaintiff is obligated to pay emotional pain to the victim in money.

B. Considering the scope of liability for damages and the marriage period and family relationship between the Plaintiff and C, the content and period of the Defendant’s wrongful act, the impact of the Defendant’s improper act on the Plaintiff and C’s marital life, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 15,00,000

C. Accordingly, the Defendant’s lawsuit is reasonable to dispute the existence or scope of the obligation of the Defendant from April 4, 2018, which was the day following the delivery date of a copy of the complaint of this case, as sought by the Plaintiff, as compensation for damages caused by the tort against the Plaintiff, with 5% per annum under the Civil Act until November 12, 2018, and with the day following the day of complete payment.