The defendant shall pay to the plaintiff KRW 25,00,000 as well as 5% per annum from May 5, 2020 to October 28, 2020, and the next day.

1. The plaintiff and C are legal couple who completed the marriage report on September 30, 2004, and have two children under the chain.

On the other hand, the defendant is a person who has been married with D on November 22, 2011.

Around July 2013, while working for the health administration team of the E Hospital, the defendant started to engage in fraudulent acts, such as sexual intercourse, while returning to the same hospital with C, and then received a claim from D, the defendant's spouse, who became aware of such a claim, and the defendant ordered D to adjust the relationship with C.

However, the defendant continued the relationship with C, and again known D demanded C to hedge around July 2019.

After that, as the rest between the defendant and C continues, D knew about January 202 that the husband of C, who was the husband of C, had known the relationship between C and the defendant.

D filed a lawsuit against C to seek damages (C) (C) and the judgment was finalized on August 25, 2020 that C shall pay D the consolation money of KRW 20,000,000 as well as damages for delay.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7 and Eul evidence 1 to 3, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

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 en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts, the Defendant, even though being aware that C is a spouse, committed an unlawful act with C, thereby infringing on the common life of the Plaintiff and C with the view to interfering with the maintenance thereof and infringing on the right of the spouse as his/her spouse. Therefore, the Defendant is liable to compensate for emotional distress inflicted upon the Plaintiff due to such unlawful act.