The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

The plaintiff is a legally married couple who completed the marriage report with C on June 10, 1998, and has one child among them.

The Defendant maintained the relation of sexual intercourse with C from January 2016 to February 2017.

[Ground for recognition] The act of a third party to determine the purport of Gap's evidence 1 to 4 and the whole pleadings by committing an unlawful act with either side of the married couple, thereby infringing on or interfering with the common life of the married couple falling under the essence of the marriage and infringing on his/her rights as the spouse, thereby causing mental suffering to the spouse, in principle, constitutes a tort.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts, the defendant committed an unlawful act with C and his spouse, which is the plaintiff's spouse, and thereby infringed upon the plaintiff's right as the spouse of the plaintiff and C, thereby infringing on the plaintiff's communal living between the plaintiff and C, or interfering with their maintenance, and thereby infringing on the plaintiff's right as the spouse. Accordingly, it is obvious in light of the empirical rule that the plaintiff suffered emotional distress, and therefore, the defendant

Furthermore, the amount of consolation money shall be KRW 7,00,000 in full view of the content and degree of the misconduct committed by the defendant and C, duration, marriage period and family relationship of the plaintiff and C, impact of the defendant's improper act on the plaintiff's marital life.

(A) The Defendant, through intimidation, committed an unlawful act again between June 1, 2015 and December 2015. However, the Plaintiff did not seek compensation for damages for the said period. However, although the Defendant asserted that the act was commenced, the evidence alone presented by the Defendant is insufficient to recognize it, and there is no other evidence to acknowledge it). Therefore, the Defendant is liable to compensate the Plaintiff for damages due to the tort, and the Defendant is liable to compensate the damages amounting to KRW 7,00,000 and the damages amounting to that amount after the date of the tort.