1. The Defendant’s KRW 7,00,000 as well as 5% per annum from October 1, 2015 to April 28, 2016 to the Plaintiff.

1. Facts of recognition;

A. The plaintiff and the non-party C are legal couple who completed the marriage report on April 24, 1998.

나. 피고는 2014. 4.경 초등학교 동창모임에서 C을 만난 이후 C이 원고와 결혼한 사실을 알면서도 2015. 1. 8.부터 2015. 8. 14.까지 원고 몰래 20여 차례 만남을 가졌고, 카카오톡을 통해 “사탕해”, “조아해”, “널 안구 푹자고 시퍼”, “너 안구 온전히 자구시퍼 하루동안, 일년동안, 천년동안, 날마다”, “보구시퍼, 만지구싶고, 실컷만질걸”, “난 네 생각하믄 슨다ㅋㅋ”, “간만에 키스하니 조타구 ” 등의 내용이 담긴 문자메세지를 주고 받았다.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

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

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). According to the above facts of recognition, the Defendant, even though being aware that C is a spouse, had a view to communicating with a considerable period of time and expressed sexual intercourse with the Defendant.

This constitutes an unlawful act that infringes on a marital life contrary to the essence of marriage or interferes with the maintenance thereof and infringes on the rights of the plaintiff's spouse.

Therefore, the defendant is liable to do so in money for mental damage suffered by the plaintiff.

In regard to this, the defendant's assertion that the defendant seeks damages on the ground of tort since the time when the defendant had both C and C had a substantial marital life between the plaintiff and C has already failed.