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

1. Basic facts

A. The Plaintiff and C are legally married couple who completed the marriage report on May 29, 2015.

B. The Plaintiff and C operated the restaurant, and the Defendant was working for the restaurant as a part-time student in the above restaurant.

C and the Defendant initially developed from May 2017 to deep relationship, and continued to reach South Korea including sex relationship, and the Plaintiff became aware of the fact that C and the Defendant’s non-wheeledness was known around May 10, 2017.

C. The plaintiff is currently in a separate relationship with C, and the legal relationship is maintained.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 16, purport of the whole pleadings

2. Determination on the cause of the claim

(a) An act that a third party who has a liability for damages causes mental distress to the spouse by infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse's right as the spouse, constitutes a tort;

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). The Defendant’s act of maintaining inhuman relations, such as returning to the instant case, and performing health care with C while being aware that C is a spouse, constitutes a tort committed by infringing the Plaintiff’s right as a couple’s community life and spouse, thereby causing mental pain, and is obvious in light of the empirical rule that the Defendant’s tort suffered severe mental pain.

Therefore, the defendant is obligated to pay consolation money as compensation for mental damage suffered by the plaintiff to the plaintiff.

B. As to the amount of consolation money of one kind within the scope of damage compensation liability, the amount of consolation money shall be determined in consideration of various circumstances shown in the arguments in the instant case, such as health team, the period of marriage and family relationship between the Plaintiff and C, the period, mode and degree of wrongful act between the Defendant and C, the influence of the Defendant’s improper act on the Plaintiff’s marital life, and the progress before and after the instant lawsuit.