1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

The reasoning stated in this case by the court of this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment as follows. Thus, it is citing this as it is by the main sentence of Article 420 of the Civil Procedure Act.

The plaintiff asserts to the effect that the amount of consolation money determined by the first instance court is too small, since the defendant infringed the common life of the plaintiff and C, and eventually led to the divorce procedure.

However, with respect to the amount of consolation money for emotional distress suffered by a tort, a fact-finding court may determine it at its own discretion by taking into account various circumstances (see Supreme Court Decision 2019, Jun. 27, 2013). Considering the contents and degree of the misconduct committed by the defendant and C in the records and pleadings, the period, duration, marriage period and family relationship of the plaintiff and C, influence of the defendant's wrongful act on the plaintiff's marital life, attitude that the plaintiff committed against the defendant and the amount of consolation money that the other party to the illegal act ordinarily recognized in the same kind of case, it is difficult to view that the amount of consolation money determined by the first instance court is too inappropriate

Therefore, the plaintiff's assertion is not accepted.

Therefore, the judgment of the court of first instance is justifiable, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.