1. The defendant's KRW 15,000,000 and about this, 5% per annum from October 30, 2020 to January 28, 2021 to the plaintiff.

1. Facts of recognition;

A. The plaintiff is a legal couple married to C on December 2, 2003, and has D, E, and F as a child under the chain.

B. Since January 2020, C had been on duty in a restaurant operated by the Defendant, and caused a fraudulent act with the Defendant.

(c)

Currently, the plaintiff and C maintain their marital relations as they are.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The judgment of a third party shall not interfere with a married couple's communal living falling under the nature of marriage, such as intervention in a couple's communal living of another person and causing the failure of the couple's communal living;

In principle, a third party’s act of infringing on or impeding the maintenance of common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse, thereby causing mental distress to the spouse, constitutes a tort (see, e.g., Supreme Court Decision 2011Meu2997, Nov. 20, 2014). The Defendant committed an unlawful act with C and the spouse, which is the Plaintiff’s spouse, thereby infringing on the Plaintiff’s and C’s communal life or interfering with their maintenance, and infringing on the right as the spouse’s spouse. Accordingly, it is obvious in light of empirical rule that the Plaintiff suffered severe mental distress, and thus, the Defendant is liable to compensate the Plaintiff for mental distress.

B. We examine the amount of consolation money.

In full view of all the circumstances, including the background leading up to the commission of the act by the Defendant and C, the period and content of the act, the marriage period of the Plaintiff and C, the circumstances leading up to the occurrence of the act, the Defendant’s attitude, and the impact of the act on the marital relationship between the Plaintiff and C, etc., the amount of damages to be compensated by the Defendant shall be determined as KRW 15 million.

Therefore, the defendant raises a dispute as to the existence or scope of the obligation of the defendant from October 30, 2020, after serving a copy of the complaint of this case on the plaintiff 15,000,000 won as consolation money, to the plaintiff.