1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The fact that the Plaintiff is the legal spouse of Nonparty C and C is a real estate broker who operates the “E Real Estate Brokerage Office” in Yongsan-gu Seoul Metropolitan Government, and the fact that the Defendant introduced C from F around the end of June 2015 and purchased the right to sell commercial buildings located in Chungcheongnam-si as a broker on August 8, 2015 does not conflict between the parties.

2. Determination as to the cause of action

A. 1) The Plaintiff asserts that the Plaintiff and C’s marital relationship with the Defendant have reached a failure due to the Defendant’s and C’s wrongful act, and that the Defendant is obligated to pay the Plaintiff the amount of consolation money of KRW 30 million for the Plaintiff’s emotional distress due to the marriage dissolution. 2) As to this, the Defendant asserted that only purchased commercial buildings through C, and that there was no fact that C and C did not commit unlawful act.

B. The act that a third party of the relevant legal doctrine infringes on a couple's communal life falling under the essence of marriage or interferes with the maintenance thereof, and infringes on a spouse's right as the spouse, thereby causing mental pain to the spouse constitutes a tort in principle.

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). In addition, “Cheating” under Article 840 subparag. 1 of the Civil Act is a larger concept that includes both the adultery and any other wrongful act that is deemed not faithful to the husband’s duty of mutual assistance, even if such unlawful act does not reach the common sense as a wider concept.

(c)The facts subsequent to the facts of recognition may be found either in dispute between the Parties or in accordance with the respective descriptions of Gap evidence of heading 5 to 15, 18, 22 to 25, 27, 28, Eul evidence of heading 1, 6, and 9 (including the number with each number; hereinafter the same shall apply).

1) 2015년 6, 7월 피고와 C이 주고받은 문자 메시지에는 다음 내용이 있다(아래 밑줄 부분은 피고가, 이탤릭체 부분은 C이 각 작성한 내용이고, 이하 같다

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