A. The plaintiff and C are legally married couple who completed the marriage report on October 22, 2001, and have one child under the sleep.

B. From around 2016, the Defendant, even though he/she was aware that C has a spouse, entered into an inhumanity relationship by establishing a sex relationship.

[Grounds for recognition] Gap 1 through 12, 15 through 18, 20, 22 through 25, Eul 1, Gap 13, 14, 19, and 21 video (including various numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

(a) A third party who has established liability for damages shall not interfere with a marital life which corresponds to the nature of marriage, such as intervention in a marital life of another person and causing a failure of the marital life;

In principle, a third party's act 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 the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(See Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). As seen earlier, the Defendant, even though being aware that he/she was a spouse, maintained an inappropriate relationship with C, and committed an act infringing upon and interfering with the community life of the Plaintiff and C, and committed an act interfering with the maintenance thereof. As such, it is obvious in light of the empirical rule that the Plaintiff suffered emotional distress due to the above Defendant’s tort, and thus, the Defendant is obliged to go against money.

B. As to the amount of consolation money within the scope of liability for damages, comprehensively taking account of all the circumstances revealed in the arguments in the instant case, such as the period of fraudulent act committed by the Defendant and C, the background leading up to the Defendant’s fraudulent act, the content and degree of the fraudulent act, the Defendant’s attitude after the fraudulent act, the marriage period of the Plaintiff and C, and the degree of their fraudulent act to the effect that the Plaintiff and C’s marital relations were caused, the amount of consolation money