Although the defendant was aware of the fact that C was a female-child her spouse before marriage, C was living together with C from April 2017.

Around June 2017, 2017 -

The plaintiff and C are living together without divorce procedures.

[Ground of recognition] Unsatisfy, each entry of Gap1-5 evidence (including attachment of a provisional number), and the 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, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). According to the above basic facts, the Defendant, while being aware that C is a spouse, was living together with C.

This constitutes an unlawful act that infringes on a marital life contrary to the essence of marriage or interferes with the maintenance thereof and infringes on the rights of the plaintiff's spouse.

Therefore, the defendant is liable to do so in money for mental damage suffered by the plaintiff.

B. Considering various circumstances revealed in the arguments in the instant case, such as the content, degree, and period of the unlawful act committed by the Defendant and C, which can be known from the above basic facts within the scope of liability for damages, and the impact of the said unlawful act on the marriage between the Plaintiff and C, the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff is reasonable.

Therefore, the Defendant’s compensation amounting to KRW 5,00,000 and its amount shall be from January 4, 2018 to May 24, 2018, which is the date of this decision, and from the following day to the date of full payment.