1. The Defendant’s KRW 15 million to the Plaintiff and the Plaintiff’s 5% per annum from May 19, 2016 to January 11, 2017.

1. The plaintiff and C have one child as a legally married couple who completed the marriage report on November 13, 2001.

The defendant was to work in a singing room in Yangsan, and came to know of C as a guest at that place, and began to talk with C in a private way with knowledge of his/her spouse from September 2015.

The defendant, from time to time, exchanged C and Kakakao Stockholms through the following contents are included:

① 2015년 12월 15일 오전 2시 47분: “자기야 힘내요^^~~내가있잔아요^~♡♡♡” ② 2016년 1월 16일: “사랑하고 사랑해도 또하고싶은 네 사람”, “제 마음입니다 ♥”, “네 ^^기다릴께요^^당신이 네엽에 없음 못산다는 것 알죠^^” ③ 2016년 1월 17일: “내 마음 내몸 당신 한테 다 가버런데” ④ 2016년 1월 18일: “사랑해도 또 사랑하고싶고 바도바도 또보고 싶은당신 C씨 사랑 합니다^^~~♡♡♡”, “앞으로 당신이랑 살면서 많이 아껴 주고 사랑 많이 해줄께요^^~~행복하게 잘 살아요 우리^^~~♡♡♡” 피고는 C의 휴대전화로 자신의 가슴과 음모를 찍은 사진을 전송하기도 하였다.

On February 26, 2016, the Defendant sent text messages to C and Kakakakaox, with the knowledge of the Plaintiff’s filing of the instant lawsuit, and sent C text messages with the knowledge of the Plaintiff’s filing of the instant lawsuit, stating that “I cannot set the correspondence at the time,” and “I cannot see the mind without the correspondence.”

[Reasons for Recognition] Evidence Nos. 1 and 12, the purport of the whole pleadings

2. Determination

A. The act, in principle, of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse's rights, causing mental pain to the spouse by a third party who committed an unlawful act with the spouse of the married couple, constitutes tort.

Supreme Court Decision 2013Meu2441 Decided May 29, 2015 and Supreme Court Decision 2004Da1849 Decided May 13, 2005