1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money that orders additional payment is revoked.

1. Occurrence of liability for damages;

A. The Plaintiff’s assertion and C are legally married couple who completed the marriage report on May 9, 2008.

The Defendant knowingly committed an unlawful act, such as having sexual intercourse with C from December 2, 2013 to November 2014, knowing that C had been married.

As a result, the plaintiff suffered mental pain, so the defendant is obligated to pay consolation money to the plaintiff.

B. Determination 1) Husband and wife has the duty to live together and support and cooperate with each other (Article 826 of the Civil Act). Husband and wife has the duty to cooperate and protect each other as a community which is mentally or physically combined with each other so as to maintain marriage as a common life, and has the right to such duty. As such, either husband and wife has the duty to live together or maintain common life of both spouses, which should not engage in any unlawful act. Accordingly, in a case where either husband and wife has committed an unlawful act, it becomes a ground for judicial divorce pursuant to Article 840 of the Civil Act, and either husband and wife has the duty to compensate for mental suffering suffered by the spouse. Meanwhile, a third party does not interfere with a common life of both spouses falling under the essence of marriage by participating in a common life of others, such as causing a failure in the common life of the husband and wife. The act of a third party infringing on the essence of marital life or interfere with maintenance thereof, and infringing on the spouse’s right as the spouse, thereby constituting a tort under Article 840 of the Civil Procedure Act (see Supreme Court en banc Decision 219Meu210).

Therefore, the defendant's spouse C is the plaintiff's spouse.