The defendant's KRW 13 million to the plaintiff and its 5% per annum from March 12, 2020 to November 24, 2020.

1. Facts of recognition;

A. The plaintiff and C are legally married couple who reported their marriage on September 23, 1997, and have one university student under the chain.

B. The Defendant, despite being aware of his/her spouse, maintained C and met with C from June 2019 to August 2019, committed unlawful acts, such as committing a travel with C, and committing sexual intercourse.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1 and the purport of the whole pleadings

2. Determination as to the cause of action

(a) A third party who has a liability for damages shall not interfere with a married couple’s communal living which corresponds to the nature of marriage, such as interfering with a couple’s communal living by causing a failure of the married couple’s communal living

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court Decision 201Meu2997 Decided November 20, 2014, etc.). According to the above facts, the Defendant committed an unlawful act with C, a spouse of the Plaintiff, thereby infringing on and obstructing the maintenance of the Plaintiff’s community life, infringing on the Plaintiff’s rights as his/her spouse, and thereby, inflicted mental pain on the Plaintiff.

Therefore, the defendant is obligated to pay consolation money to the plaintiff as compensation for tort.

B. Determination of consolation money shall be 13,00,000 won in consideration of all the circumstances shown in the pleadings of the instant case, such as the marriage period between the Plaintiff and C, the background leading up to the fraudulent act by the Defendant and C, the content and maintenance period of the fraudulent act, the degree of suffering by the Plaintiff, and the Defendant’s attitude.

C. Accordingly, the defendant delivered the plaintiff a copy of the complaint of this case to the defendant on March 12, 2020, which is the day following the fraudulent act of 13,000 won for consolation money and 12,000 won for consolation money to the plaintiff.