1. The Defendant amounting to KRW 20 million to the Plaintiff and the Plaintiff’s annual rate of 5% from May 12, 2015 to January 26, 2016.

1. Determination

A. The facts of recognition [the grounds for recognition: (a) the Plaintiff completed the marriage report with C on December 8, 1995, and gave birth to C in 197 and in 1999, respectively; (b) the Defendant was a person having a legal spouse, who is well aware of the fact that C had a spouse, and committed an unlawful act, such as having a sexual relationship with C four times from December 2014 to January 2015, by being aware of the fact that C had a spouse.

B. 1) Damage liability 1) In principle, a third party’s act of infringing on a married couple’s communal life falling under the essence of marriage by committing an unlawful act with the married couple, interfering with the maintenance thereof, and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse constitutes a tort (see, e.g., Supreme Court Decision 2004Da1899, May 13, 2005). According to the above acknowledged facts, the Defendant’s act of committing a wrongful act with C constitutes a tort against the Plaintiff, and the Plaintiff was deemed to have suffered mental suffering. Accordingly, the Defendant is liable for monetary compensation for the Plaintiff’s mental suffering.

C. The Plaintiff asserts that the amount of damages should be paid KRW 50 million by the Defendant. In full view of the following circumstances: (a) the marriage period of the Plaintiff and C (including about 20 years), the Plaintiff and C’s age, and the Defendant’s wrongful act, the Plaintiff’s life appears to have caused serious breakdown of the Plaintiff’s marital life due to the Plaintiff’s wrongful act (However, considering that the divorce does not reach the divorce), and (b) the period of the wrongful act and the manner and frequency of the unlawful act (title to the sex relationship), it is reasonable to determine the amount of consolation money to be paid by the Defendant as KRW 20 million.

Therefore, the defendant is liable to pay consolation money to the plaintiff 20 million won and the plaintiff as it was after the date of the above illegal act.