1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of recognition;

A. The plaintiff and C are legal married couple who reported marriage on October 22, 1984, and have three children under the chain.

B. At around 2002, C came to know of the Defendant through a meeting of the married couple’s and wife, and the Defendant, despite being aware of the spouse’s existence, even from January 2016 to June 2018, maintained an inhumane relationship, such as attending a travel with C while being in contact with C, or going to a mother, with C.

【Ground for recognition】 The fact that there has been no dispute, each entry and video of Gap's 1 through 83 (including virtual numbers) and the purport of the whole pleadings

2. Determination

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(See Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the foregoing facts, the Defendant, even though having knowledge of the existence of a spouse, committed an unlawful act, such as maintaining a marital relationship with C, thereby infringing on the communal living of the couple falling under the essence of marriage, interfering with the maintenance thereof, infringing on the Plaintiff’s spouse’s right as his/her spouse, and thereby infringing on the Plaintiff’s right as his/her spouse, is obvious in light of the empirical rule that the Plaintiff was suffering from severe mental pain, and thus, the Defendant is obliged

(On the other hand, even if the plaintiff is in separate possession with C, as long as the plaintiff and the defendant maintain a legal marital relationship, tort liability against the plaintiff is established).

Furthermore, with respect to the amount of consolation money that the defendant is liable for compensation, it shall include health class, details of fraudulent act, period and degree thereof, relationship between the defendant and C, marriage period and family relationship with the plaintiff and C, and fraudulent act, which affected the common life of the plaintiff and C.