1. The Defendant amounting to KRW 30 million to the Plaintiff and the Plaintiff’s annual rate of 5% from January 23, 2018 to October 18, 2018.

1. Facts of recognition;

A. The plaintiff completed the marriage report on April 18, 1998 with C and one of the children of 1999.

나. 피고는 2005. 7.경 C을 업무적으로 처음 만나 그 얼마 후부터 불륜관계를 맺어왔고, 2010년경부터 2017년 9월경까지 원고가 아들의 유학을 뒷바라지하기 위해 캐나다에 머무는 동안에는 C과 해외여행을 다니고 C의 모친 등 원고의 시댁 식구들과 어울리기도 하였으며, 원고가 귀국한 후 현재까지도 C과의 관계를 유지하고 있다.

C. C On March 12, 2018, the Plaintiff filed a divorce lawsuit against the Plaintiff and is currently pending in the lawsuit.

The plaintiff currently stays with C while gathering the mother of C while living separately with C.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 39 (including provisional number), Eul evidence 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. In principle, a third party who is liable to compensate for damage, by committing an unlawful act with the spouse, thereby infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof, and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse constitutes tort.

According to the above facts of recognition, the defendant knew of the circumstance that he had a spouse, and thereby, it is clear in light of the empirical rule that the plaintiff suffered considerable mental suffering due to the violation of the plaintiff's common life with C with C, so the defendant is obliged to pay consolation money according to his mental suffering to the plaintiff.

On the other hand, the defendant asserts that the marital relationship between the plaintiff and C is not constituted as the defendant's tort because it has been actually broken down before the defendant's and C's misconduct occurred.

According to the statements 1, 2, and 3 of the evidence 2-1, 2, and 3 and the testimony of the witness C, the plaintiff and C have been established with the defendant.