1. The defendant paid KRW 9 million to the plaintiff and 5% per annum from September 4, 2020 to November 26, 2020.

1. Basic facts

A. The Plaintiff and C have completed the marriage report on November 26, 2012, and two children.

B. The Defendant, while carrying out a game with C, exchanged with the Mesens, etc. and Messenssens, exchanged with the Defendant and Messenssenger.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, and 10 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant is obligated to pay consolation money and damages for delay, such as the statement in the claim, to the Plaintiff, since C received message and photograph while being aware that C is a legal spouse, and the Plaintiff, the spouse, such as the Plaintiff, was suffering from mental pain.

B. Although the Defendant received the message with Defendant C, and had a pipe of friendly ties or more, there was no fact that the Defendant committed an improper act to the extent that it should compensate for damages, such as establishing an inappropriate sexual relationship with C or making physical contacts.

3. Determination

A. In principle, a third party who is liable to compensate for damages by committing an unlawful act with the spouse, thereby infringing on or impeding the maintenance of a couple’s community life falling under the essence of marriage and infringing on the spouse’s rights as the spouse, constitutes a tort. The term “unlawful act” at this time constitutes a tort, in a broad concept, which includes a sexual intercourse, and does not reach the sexual intercourse but does not follow the marital duty. Such unlawful act should be included therein. Whether it constitutes an unlawful act should be assessed in consideration of the degree and circumstances of the specific case.

In light of the above legal principles, the following circumstances, namely, the frequency of giving and taking photographs and videos between the Defendant and C, the Kakakao Stockholm dialogue between the Defendant and C, and the Defendant, in light of the aforementioned legal principles.