1. The Defendant’s KRW 30,000,000 and its amount shall be 5% per annum from November 22, 2018 to February 15, 2019 to the Plaintiff.

Facts of recognition

A. The plaintiff is a legal spouse of C who completed a marriage report with C on April 14, 2004 and has two children under his/her chain.

B. From around June 2012 to June 2018, the Defendant, despite being aware that C is a legal spouse, has established an illegal relationship with C.

[Reasons for Recognition] Unsatisfy, Each entry of Gap evidence 1 and 2 (including each number), and the purport of the whole pleadings

(a) A third party shall not interfere with a married couple's community life falling under the nature of marriage, such as intervening in a couple's community life of another person and causing a failure of the couple's community life;

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, and Supreme Court en banc Decision 2011Meu2997 Decided May 29, 2015 (see Supreme Court Decision 2013Meu2441 Decided May 29, 2015).

In light of the above legal principles, according to the above evidence, it is determined that the defendant established an illegal relationship with C, thereby hindering the maintenance of marital life between the plaintiff and C, or hindering at least the maintenance thereof.

In addition, the plaintiff can be found to have suffered mental suffering due to the above misconduct of the defendant, so the defendant's above misconduct constitutes a tort against the plaintiff.

Therefore, the defendant is obligated to pay the plaintiff monetary compensation for mental suffering suffered by the plaintiff.

Furthermore, it is reasonable to determine the amount of consolation money as KRW 30,000,000, in full view of the degree and period that the Defendant entered into an illegal relationship with C, the marriage period between the Plaintiff and C, the content of text messages sent by the Defendant to C after the tort, and other circumstances revealed in the pleadings.

Therefore, there are other special circumstances.