1. The Defendant: 25,00,000 won to the Plaintiff and the Plaintiff’s annual rate of 5% from November 6, 2018 to June 14, 2019, and the following.

1. Facts of recognition;

A. The plaintiff is C and the person who completed the marriage report on December 21, 2009.

The plaintiff has two children [D(2010s) and E(2012s)] between C and C.

B. Around May 2018, the Defendant came to know that C had found C as a drinking house that the Defendant works.

C. From the end of June 2018, the Defendant conspired with C.

Around August 11, 2018, the Plaintiff known of the fact that he/she was a spouse C and demanded the Defendant to arrange the south of C by informing the Defendant of the fact that he/she was his/her spouse, and the Defendant also sent a text message to the effect that “the Plaintiff was organized by an increase in the number of days.”

However, the Defendant lived with C from the end of August 2018, and continued to teach C on November 18, 2018, including the travel to C and Jeju-do.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 11, and the purport of the whole pleadings

2. Determination

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s communal life falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). 2) According to the above facts acknowledged, the Defendant, even though he/she is aware that he/she is a spouse, has committed unlawful act with C, thereby infringing on or impeding the Plaintiff’s communal life with C, and thus, is liable to compensate for emotional distress inflicted on the Plaintiff.

B. The records of the instant case, including the scope of damages, the period of marriage and family relationship between the Plaintiff and C, the background leading up to the failure of the marriage, the period and degree of the unlawful act committed by the Defendant and C, and the circumstances after the occurrence of the unlawful act (in particular, when the Plaintiff became aware of the unlawful act, the Defendant delivered a talk around C to give a prompt restraint and continued unlawful act).