1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. The Plaintiff (1988) and C (1983) are legally married couple who completed a marriage report on September 27, 2016.

B. On April 17, 2017, the Defendant joined a company with which the Plaintiff and C were working together (hereinafter “instant company”) and sent them to C and C’s employees who were employees, and the Plaintiff and C retired from the said company on August 2017.

다. 피고는 직장 상사였던 C이 원고와 결혼하여 배우자가 있다는 사실을 알고 있음에도 불구하고, C이 이 사건 회사를 퇴사한 이후인 2017. 9. 9. C에게 “근데 나도 이제 오빠랑 있는거 행복해”, “보고싶어”라는 메시지를 보냈고, C도 피고에게 “나도 너랑 있을때가 좋고 행복해”, “보고싶다ㅎ”라는 메시지를 보냈으며, 피고와 C은 2017. 9. 8.경부터 같은 달 10.까지 D 메신저 상에서 성적인 농담을 주고 받는 등 친밀한 대화를 나누었다. 라.

C On September 10, 2017, around 14:30 on September 14:30, 2017, visiting the Defendant’s house, but at around 15:30 on the same day, the said visit was discovered to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination

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

(2) In order to establish a third party’s tort, one spouse’s wrongful act should be recognized first on the premise of the third party’s tort. The “illegal act” of one spouse, even if it does not reach the common sense, is a broad concept that includes any unlawful act that is deemed not to be faithful to the husband’s duty of mutual assistance, and whether it constitutes an unlawful act is specific.