1. The defendant's KRW 10,000,000 for the plaintiff and 5% per annum from March 29, 2020 to December 24, 2020 for the plaintiff.

Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 4, and 6, the Plaintiff’s report of marriage with C on November 8, 1994 and the fact that the Plaintiff has three children, and the Defendant and C have three sexual intercourses over seven occasions from November 22, 2016 to August 14, 2017.

In addition, the following circumstances acknowledged based on the aforementioned evidence, namely, ① the fact that the Defendant had sexual intercourse with C was discovered to the Defendant’s spouse D, and the Defendant filed a complaint against C to rape after D reported to the police, ② the Defendant’s visit to C’s vinyl as face frequently during the period when C had sexual intercourse with C was confirmed by CCTV images, the Defendant and C acknowledged the fact of sexual intercourse under an agreement and do not accept the Defendant’s assertion that the sexual intercourse with C was made against the Defendant’s will (see, e.g., Gwangju District Court Decision 2018Gahap52049, Oct. 31, 2019). Therefore, the Defendant is liable for compensation for mental damage suffered by the Plaintiff due to the above tort, since C and C were aware that C had a marital relationship with the Plaintiff, thereby infringing or interfering with the Plaintiff’s community life, and infringed upon the Plaintiff’s rights as the spouse.

2. As to the scope of liability for damages, the amount of consolation money to be paid by the Defendant to the Plaintiff shall be determined as KRW 10 million, taking into account all the circumstances revealed in the pleadings, such as the health class, the background and period of the Defendant’s delivery of C, the degree of fraudulent act, the marriage period between the Plaintiff and C, and the circumstances after the occurrence of fraudulent act.

Therefore, the defendant is 5% per annum as stipulated in the Civil Act from March 29, 2020 to December 24, 2020, which is the day following the day of this decision, the copy of the complaint of this case, for the plaintiff 10 million won and its next day.