According to the purport of Gap evidence No. 1 and the whole pleadings, each of the following facts can be acknowledged: (a) the plaintiff is a married couple who completed the marriage report on November 12, 191 with C; and (b) the plaintiff and C have a child of the other 2 male and female as adult children.

In principle, a third party who has a liability for damages caused mental suffering to his spouse by infringing on or interfering with a common life of a couple falling under the essence of marriage and by infringing on his/her spouse's rights as his/her spouse by committing a tort. "Cheating" at this time constitutes a tort, in a broad concept, which includes a sexual intercourse, and includes any and all unlawful acts that do not reach up to the sexual intercourse but are not faithful to the marital duty of the couple. Whether it is an unlawful act or not shall be evaluated in consideration of the degree and circumstances of the specific case.

Comprehensively taking account of the overall purport of the arguments in evidence Nos. 2 through 4 (including branch numbers), the defendant may at least recognize the fact that the defendant associates with the plaintiff's husband C from around 2016 to has a sexual relationship. Such defendant's act is an infringement of the marital life of the plaintiff and C, obstruction of their maintenance, infringement of the plaintiff's spouse's right as the plaintiff's spouse for marital life, and thereby, it is obvious in light of the empirical rule that the plaintiff suffered considerable mental suffering. Accordingly, the defendant is obliged to give monetary compensation to the plaintiff.

Considering the amount of consolation money and family relation between the Plaintiff and C, degree and period of misconduct, influence of the above misconduct on the Plaintiff’s common life of the married couple, circumstances after the occurrence of misconduct, and all other circumstances shown in the argument of this case, the amount of consolation money that the Defendant is liable to compensate to the Plaintiff shall be determined as KRW 20 million.