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. Basic facts

A. The plaintiff and C are legally married couple who completed the marriage report on August 2, 2000.

B. C and the Defendant began liaison with the university from around 2009 to November 2018, and committed unlawful acts, such as joining the university and having sexual intercourses several times from around that time.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1, 4 through 8, 11, and 14 (including branch numbers, if any; hereinafter the same shall apply), Eul’s testimony, and the purport of the whole pleadings

2. Determination

A. A third party who has a liability for damages shall not interfere with a couple’s communal life falling under the essence of marriage by intervening in a couple’s communal life of another person and causing failure of a couple’s communal life. A third party who, in principle, infringes on or interferes with a couple’s communal life falling under the essence of marriage by committing an unlawful act with one of the married couple, thereby infringing on his/her right as the spouse, thereby causing mental distress to the spouse.

(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the aforementioned basic facts and the grounds for recognition, the Defendant knowingly committed an unlawful act with C with the knowledge of the existence of a spouse, thereby causing mental pain to the Plaintiff by infringing on the communal living of the couple falling under the essence of marriage or interfering with the maintenance thereof.

Therefore, the defendant has a duty to pay the plaintiff the mental suffering suffered by the plaintiff.

B. The scope of liability for damages, the evidence presented by the Plaintiff and the Defendant, as a whole, shall be determined as 25 million won in consideration of the content, period, and degree of unlawful act, the marriage period and family relationship with the Plaintiff and C, the degree and period of unlawful act between the Defendant and C, the impact of the unlawful act on the marital life between the Plaintiff and C, and other circumstances shown in the argument of the instant case.

C. Sub-decisions.