1. Defendant B’s KRW 15,00,000 and the Plaintiff’s annual rate of KRW 5% from May 8, 2019 to September 4, 2019.

1. Facts of recognition;

A. The plaintiff and D are legal married couple who completed the marriage report on November 13, 1997, and have one adult and one minor child among them.

B. On April 14, 2018, the Defendant knew that D was a spouse, and had sexual intercourses with D until July 2018.

There was anor inappropriate relationship.

[Ground of recognition] Facts without dispute, each entry of Gap 1 through 3 evidence (including paper numbers), the purport of the whole pleadings

2. Claim against the defendant B

(a) An act that a third party who has a liability for damages causes mental distress to the spouse by infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse's right as the spouse, constitutes a tort;

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). “Cheating” in this context refers to not limited to gender relations, but to all acts that are not faithful to the husband’s duty of good faith, and whether such acts are illegal or not shall be evaluated in consideration of the degree and circumstances depending on specific cases.

(see, e.g., Supreme Court Decision 87Meu5, 87Meu6, May 26, 1987). According to the above facts and legal principles, Defendant B, while maintaining an inappropriate relationship with Defendant B while being aware that he/she was a spouse, committed an act that infringes on and interferes with the maintenance of the community life of the Plaintiff and D, which constitutes a tort against the Plaintiff. It is clear in light of the empirical rule that the Plaintiff suffered severe mental pain due to such act.

Defendant B is obligated to pay consolation money as compensation for mental damage to the Plaintiff.

B. As to the amount of consolation money within the scope of liability for damages, the health unit, the period of the plaintiff's marriage, the degree of how the defendant B's unlawful act was committed, the impact of the defendant B's unlawful act on the plaintiff's marital life.