A. On June 9, 2014, the Plaintiff and C have two children under the law and under the chain, who completed the marriage report on June 9, 2014.

B. The Defendant engaged in the same occupation as C, and committed an unlawful act, such as training C with C and having access to the telecom from the beginning of the date when C meta with C.

C. On April 2019, the Plaintiff appeared to have observed the Mannam of the Defendant and C, and became aware of such unlawful acts.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the aforementioned facts, the Defendant, even though he/she is a spouse, committed an unlawful act with C with the knowledge that he/she is a spouse, thereby infringing upon or hindering the Plaintiff’s communal living or infringing on the Plaintiff’s right as his/her spouse. As such, the Defendant is obliged to compensate the Plaintiff for mental damages incurred by the Plaintiff.

B. In light of various circumstances revealed in the pleadings of the instant case, such as the scope of liability for damages and the amount of consolation money, the period of marriage between the Plaintiff and C, the background and degree of the misconduct committed by the Defendant and C, and the influence of the Defendant’s fraudulent act on the Plaintiff’s marital life, it is reasonable to determine consolation money as KRW 15,000,000.

C. Accordingly, the Defendant’s defense over the existence and scope of the Defendant’s duty of performance from November 15, 2019, the following day following the delivery of a copy of the complaint of this case, to the Plaintiff, is 5% per annum as stipulated in the Civil Act until June 12, 2020, which is the date of the pronouncement of the judgment of this case, and the next day.