A. The Plaintiff is a legal spouse who completed the marriage report with C on December 3, 2007.

B. The Defendant knowingly committed unlawful acts, such as sexual intercourse, with C being aware that it is a father and son.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 15, the purport of the whole pleadings

2. Determination

(a) A third party shall not interfere with a married couple’s communal living falling under the essence of marriage by interfering with a married couple’s communal living by causing a failure of a married couple’s communal living, etc. A third party shall not interfere with a married couple’s communal living falling under the essence of marriage by committing an unlawful act with the either side of the married couple, and a third party shall not interfere with a married couple’s communal living falling under the essence of marriage by infringing upon or maintaining a married couple’s communal living and by infringing on the right as the spouse’s right to it, in principle,

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014).B.

According to the above facts of recognition, C is a spouse and the defendant is a spouse with the knowledge that C is a spouse, thereby infringing upon the plaintiff's right as the spouse by impeding the maintenance of the marital life and thereby infringing upon the plaintiff's right as the spouse. Thus, the defendant is liable to compensate for mental damage suffered by the plaintiff as a tort.

C. Furthermore, considering all the facts revealed in the arguments of this case, the amount of consolation money is reasonable to determine as KRW 15 million, considering the health class, the period of marital life of the Plaintiff and C, the family relationship, the period in which the relationship with a bad will continue, and all other circumstances revealed in the arguments of this case.

Therefore, from December 10, 2019, the day following the delivery date of a copy of the complaint of this case sought by the plaintiff with respect to KRW 15 million to the plaintiff, the defendant raised an objection as to the existence and scope of the duty to perform from December 10, 201 to March 17, 2020, which is the date of this decision, 5% per annum under the Civil Act.