Upon completion of the marriage report with C on August 19, 201, the Plaintiff had a minor child among them, and the Defendant, despite being aware that he/she is a spouse, has a sexual intercourse with C from December 2, 2019 to March 2, 2020, and committed unlawful acts such as having sexual intercourse several times, may be recognized by taking account of the following descriptions and images of evidence A 1 to 9, and the overall purport of pleading.

Judgment

A third party shall not interfere with a couple’s communal living falling under the essence of marriage by interfering with a married couple’s communal living by causing a failure of the couple’s communal living by participating in another person’s marital life, and a third party’s act of infringing on or interfering with a couple’s communal living falling under the essence of marriage and infringing on a spouse’s right as the spouse, thereby causing mental distress to the spouse, in principle, constitutes tort.

(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the aforementioned facts, the Defendant, even though having knowledge of the existence of a spouse, committed an unlawful act with C with C, thereby infringing upon a couple’s communal living constituting the essence of marriage or interfering with the maintenance thereof, thereby causing mental pain to the Plaintiff.

Therefore, the defendant has a duty to pay the plaintiff the mental suffering suffered by the plaintiff.

Considering the various circumstances shown in the arguments of this case, such as the contents, period and degree of fraudulent act of the defendant and C, the marriage period and family relationship of the plaintiff and C, the influence of the fraudulent act on the marital life between the plaintiff and C, and the circumstances after the occurrence of fraudulent act, etc., it is reasonable to determine the amount of consolation money to be paid to the plaintiff as KRW 15 million.

Therefore, as the defendant seeks from May 14, 2020, the following day after the delivery of a copy of the complaint of this case to the plaintiff as consolation money of KRW 15 million and its execution obligation.