A. The Plaintiff is a legal spouse who completed the marriage report with C on September 8, 2015, and has one minor child (2016 children) between C and C.

B. The Defendant knowingly committed an unlawful act, such as having a sexual intercourse with C from April 2019 to September 2019, with knowledge that C is a spouse, with C and graduate school lines and later.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. In principle, a third party's act of infringing on or interfering with a couple's communal life falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse constitutes a tort.

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). B.

According to the above facts of recognition, the defendant is obligated to compensate for mental damage suffered by the plaintiff, since he knowingly commits an illegal act even though he is a spouse of C, thereby infringing on the plaintiff's communal living or interfering with the maintenance of the plaintiff's marital life and infringing on the plaintiff's right as the spouse

C. Furthermore, considering all the circumstances revealed in the arguments in the instant case, such as the contents and circumstances of the instant misconduct, the period of marriage and family relationship between the Plaintiff and C, and the impact of the instant misconduct on the Plaintiff’s marital life, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 15,00,000.

Therefore, the defendant is obligated to pay to the plaintiff 15,00,000 consolation money and damages for delay calculated by the ratio of 5% per annum under the Civil Act from October 23, 2019 to May 8, 2020, which is the day following the delivery day of the complaint of this case, to the day when the defendant claims against the scope of its duty of performance, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. Conclusion.