1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report with C on September 16, 2013, and has two minor children under the chain.

B. The Defendant, from August 2016 to April 2019, committed an unlawful act by maintaining the inhumanity relationship with C, by committing a sexual intercourse with C in the telecom site from August 2016 to April 2019, with C’s middle school alumni from around 2014 to around 2015.

[Reasons for Recognition] Facts without dispute, the purport of the whole argument

2. Occurrence of liability for damages;

A. 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 a spouse's right as the spouse, thereby causing mental pain to the spouse constitutes a tort.

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). B.

According to the above facts of recognition, the defendant committed a fraudulent act for a considerable period of time, such as knowing that C has a spouse, with knowledge of the fact that C had a spouse, and thereby infringed upon the plaintiff's communal living and interfered with the maintenance thereof.

As such, the defendant has a duty to compensate for mental damage suffered by the plaintiff.

3. In full view of the circumstances revealed in the arguments in the instant case, such as the scope of liability for damages and the amount of damages, the Plaintiff and C’s marriage period and family relation, the background leading up to the fraudulent act by the Defendant and C, the details and period of the fraudulent act, and the circumstances after the occurrence of the fraudulent act, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff as KRW 15,000.

Therefore, the defendant, as a result of the illegal act, is KRW 15,00,000 for consolation money and its corresponding KRW 15,000 for the plaintiff, and as the plaintiff seeks, it is reasonable to dispute as to the existence and scope of the defendant's obligation from December 14, 2019 after the delivery date of a copy of the complaint of this case as requested by the plaintiff.