1. The Defendant’s KRW 10,000,000 as well as the annual rate of KRW 5% from April 26, 2017 to September 20, 2017 to the Plaintiff.

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who were married on October 4, 2014 and reported marriage on April 1, 2016.

B. both the Plaintiff, the Defendant, and C are high school clubs, and the Defendant and C exchanged with each other from July 2016 and sent them.

다. 피고와 C이 2017. 3.경 카카오톡 메신저를 통해 주고받은 대화 내용 중에는 “보고 싶습니다~~♡”, “웅~ 나도 보고 싶어”, “그날 진짜 돈 아까웠어. 들어가서 얼마 있지도 못하고 ”, “그런데 무지 좋았어 그날~~”, “나도 엄청 좋았어ㅋㅋ", "담엔 그냥 집으로 와~”, “그게 덜 불안하겠지ㅋ”, “응 맘이야 거기든 여기든 다 불편하니”, “그렇긴하지~ 근데 그때는 진짜 너무 놀랐어“, ”난 어땠겠어. 울 남편 촉이 장난 아니거든. 내가 허술한건가ㅋ“, ”서로 조심해야지~“라는 등의 내용이 포함되어 있다.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3, images, the purport of whole pleadings

2. Determination

A. A. A third party’s liability for damages may not interfere with a couple’s community life falling under the essence of marriage by intervening in a couple’s community life of another person. A third party’s act of infringing on or maintaining a couple’s community life falling under the essence of marriage by committing an unlawful act with one of the married couple and thereby infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, in principle, constitutes tort (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). Meanwhile, a spouse’s unlawful act under Article 840 subparag. 1 of the Civil Act, including the adultery, is more broad concept, but does not reach the gap, includes any unlawful act that does not follow the husband’s duty of good faith (see, e.g., Supreme Court Decision 8Meu77, May 24, 198; 200 unlawful.