A. The Plaintiff is a legal spouse who completed a marriage report with C on January 9, 2001, and has two children (202, 2004) between C and C.

B. The Defendant, knowing that C is a spouse, has a sex relationship with C around January 2019 and has a sex relationship with C from January 2, 2020.

1. 5. Until May, 190, the Republic of Korea had engaged in unlawful conduct, such as coming from the Republic of Korea with travel.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of 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 Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the foregoing facts, the Defendant, even though he/she is a spouse, committed an unlawful act with knowledge that he/she is a spouse, 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 his/her spouse. As such, the Defendant is obliged to compensate for mental damages

Furthermore, with regard to the amount of consolation money, considering all the circumstances revealed in the pleadings of the instant case, such as health team, the details and developments of the instant misconduct, the marriage period and family relationship of the Plaintiff and C, circumstances after the fraudulent act was revealed, and the impact of the instant fraudulent act on the Plaintiff’s marital life, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff as KRW 20 million.

B. Meanwhile, the Plaintiff’s act of continuing to engage in an unlawful act with C even after the Defendant’s occurrence of an unlawful act, and taking a bath without blocking the Plaintiff’s contact, is worth KRW 5,310,000 as a result of the Defendant’s failure to perform his overseas duties in the course of returning home on February 2020 without scheduled cause.