A. On June 1, 2018, the Plaintiff is a legally married couple who completed a marriage report with C on June 1, 2018, and has one married couple under the chain.

B. While being aware that C is a spouse, the Defendant: (a) provided the teaching system from February 2, 2020 to May 2020; (b) entered into a sex relationship; and (c) caused C to have pregnant and had C undergo an operation during pregnancy.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant committed an unlawful act, such as entering into a sexual relation and making a pregnant woman knowing that C is a spouse. Barring any special circumstance, the defendant's act constitutes an infringement of the plaintiff's marital relationship or interfere with the maintenance thereof. Thus, the defendant has a duty to take the mental suffering suffered by the plaintiff in money.

The defendant asserts that, at the time of committing a tort with C and C, the marital life of the plaintiff and C had already reached a substantial failure, and therefore, the tort cannot be constituted. However, there is no evidence to acknowledge it, and the above argument is not accepted.

B. In full view of all the circumstances revealed in the proceedings of the instant case, including the period of marriage, family relationship, Defendant’s wrongful act attitude and period, circumstances following the discovery of fraudulent act, influence of fraudulent act on the Plaintiff’s marital relationship, Defendant’s attitude, etc., it is reasonable to determine the amount of consolation money as KRW 10,000,000.

C. According to the theory of lawsuit, the defendant, as compensation for damages, was 10,000,000 won as well as the following day after the date of the delivery of a copy of the complaint of this case filed by the plaintiff, which is clear from July 2, 2020 to the day following the date of the delivery of a copy of the complaint of this case filed by the plaintiff, is stipulated by the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. from the following day to October 6, 2020.