A. The plaintiff and C are legally married couple who completed the marriage report on September 15, 2003, and have 1 male and female children who are minors under the sternity.

B. On December 2018, the Defendant committed an unlawful act for more than one year, such as having known C at a drinking place and having known that C is a spouse, and having known that C is a person with his/her spouse, and having been traveling home and abroad, and having sexual intercourse at a lodging place.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 17 and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant committed an unlawful act with C, thereby obstructing the maintenance of the plaintiff's community life by infringing upon the plaintiff's spouse's right as the spouse, thereby causing mental suffering to the plaintiff.

The defendant is liable to compensate for mental damage suffered by the plaintiff.

B. In full view of the marriage period and family relations of the Plaintiff and C, the background leading up to the fraudulent act by the Defendant and C, the content, period and degree of the fraudulent act, the degree of suffering inflicted upon the Plaintiff due to the illegal act by the Defendant and C, the impact on the Plaintiff’s community life, the Defendant’s attitude on the instant case, and other various circumstances shown in the argument in the instant case, the amount of consolation money that the Defendant shall compensate the Plaintiff shall be set at KRW 20,000.

(c)

From July 14, 2020, 2020, the defendant's service of a copy of the complaint of this case to the plaintiff 20,000,000 won, it is reasonable to dispute about whether the defendant's obligation exists or its scope.

Until February 18, 2021, which is the date of this decision, the Civil Act is obligated to pay delayed damages at the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. The plaintiff's claim for the conclusion is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.