1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report with C on July 30, 2012.

B. The Defendant became aware of C while visiting a restaurant operated by C, and C continued to contact C with his/her spouse, and committed unlawful acts, such as talking with C, with knowledge of his/her spouse.

[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's evidence 1 to 5, 7 and 9, and the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s community life falling under the essence of marriage and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse, constitutes a tort (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). “Unjustifiable act of the spouse” includes the adultery as a wider concept, and it does not reach common sense, but does not follow the husband’s duty of good faith. Whether it is an unlawful act or not should be evaluated in consideration of the degree and circumstances of the specific case (see, e.g., Supreme Court Decisions 87Meu5, 87Meu6, May 26, 1987; 2002Meu678, Dec. 6, 2002). 202, the Plaintiff and the spouse were aware that they infringed on the spouse’s right or interfere with the spouse’s common life as seen earlier.

As such, it is apparent in light of the empirical rule that the Plaintiff suffered considerable mental suffering due to the Defendant’s tort, the Defendant is obliged to pay a monetary reward to the Plaintiff for mental suffering.

B. Regarding the amount of consolation money to be paid by the Defendant within the scope of liability for damages, the Plaintiff’s age, family relationship, and marriage between the Plaintiff and C.