A. On October 2, 2012, the Plaintiff is legally between husband and wife who completed the marriage report with C, and there is one minor child among them.

B. From October 2018, the Defendant became aware of C through mobile game, and continuously contacted C with his/her spouse despite being aware of his/her spouse. On August 7, 2020, there was a friendly relationship, such as establishing a sexual relationship, and around that time, the relationship between the Defendant and C was discovered between the Plaintiff and the Plaintiff.

【Ground of recognition】 The fact that there is no dispute over the grounds for recognition, entries in Gap evidence Nos. 1 through 13 (including each number), and the purport of the whole pleadings

2. Determination as to the cause of claim

A. A third party who has a liability for damages does not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living with another person, causing a failure of the couple’s communal living. A third party who, by committing an unlawful act with one of the married couple, interferes with the maintenance or maintenance of a couple’s communal living falling under the essence of marriage, and infringes on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes a tort in principle (see, e.g., Supreme Court Decision 2011Meu2997, Nov. 20, 2014). According to the above acknowledged facts, the defendant committed a tort which infringes upon the Plaintiff’s communal living by committing an unlawful act, such as having a sexual relationship with a third party knowing that it has a marital relationship with another person and maintaining a close relationship with the other person, and the defendant is obligated to do so in money or in good faith.

B. As to the amount of consolation money, the amount of consolation money shall be determined as KRW 15 million in consideration of the following circumstances, taking into account: (a) the health team; (b) the marriage period and family relations of the Plaintiff and C; (c) whether the marriage relationship has broken down or not; and (d) the period and degree of misconduct committed by the Defendant and C; and (b) the overall purport of the doctrine

(c).