1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On December 5, 2012, the Plaintiff and C were legally married couple who completed the marriage report, and among them, D (E) and F (G) are children.

B. Around October 2016, the Defendant re-drawed C, who had been a previous year, with drinking alcohol and sexual intercourse from around May 2017.

C. On February 7, 2018, the Plaintiff was divorced from the Daegu Family Court’s branch of the Family Court, where divorce was established with C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7 and 8, and the purport of the whole pleadings

2. Determination

(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015). According to the above facts, the Defendant, who committed an unlawful act from around May 2017, which is the Plaintiff’s spouse, may sufficiently be recognized as having inflicted mental pain on the Plaintiff by infringing upon the Plaintiff’s community life or interfering with the maintenance thereof, and infringing the spouse’s right as his/her spouse. Thus, the Defendant is obliged to compensate the Plaintiff for emotional distress inflicted upon the Plaintiff.

B. As to the scope of the Defendant’s liability for damages, considering the following circumstances: (a) the period of marriage and marital life of the Plaintiff and C; (b) the background and duration of the Defendant and C; (c) the details and degree of an unlawful act; (d) the degree of failure of marital life caused by an unlawful act; and (e) the Defendant’s attitude after an unlawful act.