A. The Plaintiff and C are legal couple who completed the marriage report on June 7, 2017.

B. From December 2016, the Defendant: (a) committed an unlawful act, such as entering into a sex relationship with C with the knowledge that C is a legal spouse from around October 2019, even after the marriage between the Plaintiff and C.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. 1) 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 a spouse’s right as a spouse by committing an unlawful act with the spouse, thereby infringing on the spouse’s right, thereby constituting tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). 2) According to the above acknowledged facts, the Defendant is liable to compensate for emotional distress inflicted upon the Plaintiff, in principle, by committing an unlawful act with C even though he/she is aware that he/she is a spouse, thereby infringing on the Plaintiff’s communal life with C or interfering with the maintenance thereof and infringing on the Plaintiff’s right as the spouse.

B. In full view of all the circumstances revealed in the records and arguments, such as the scope of damages and the marriage period and family relationship between the Plaintiff and C, the content, period, and degree of the unlawful act committed by the Defendant and C, the impact of the Defendant’s improper act on the Plaintiff’s husband’s common life, and the circumstances after the unlawful act, the amount of consolation money shall be KRW 1

C. According to the theory of lawsuit, the defendant, as the plaintiff's tort damages amounting to 15,00,000 won and the defendant's tort damages amounting to 15,000 won, and as the plaintiff seeks after the date of delivery of a copy of the complaint of this case, the defendant's complaint of this case from February 20, 2020 until May 19, 2020, which is the date of the decision of this case.