1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from July 11, 2019 to November 27, 2019; and (b).

Basic Facts

On January 20, 1987, the plaintiff is a married couple who has completed a marriage report with C on January 20, 1987.

The defendant knew of the fact that C is pro-Nam and committed an unlawful act, such as having sexual intercourses several times with the knowledge of the fact that C is pro-Nam, and having sexual intercourses through telephone conversations.

[Ground of recognition] Facts without dispute, each entry in Gap evidence 1 through 3, and a third party who made a judgment on the ground of a claim as a whole for the purport of the pleadings shall not interfere with a marital community falling under the essence of marriage, such as intervention in a marital community of others, thereby causing the failure of a marital community.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the above facts of recognition, the defendant committed an unlawful act even though he/she is a spouse of C. Since the defendant's act infringed upon the plaintiff's marital relationship or interfered with the maintenance thereof, the defendant has a duty to pay mental pain suffered by the plaintiff in money.

As to the amount of consolation money that the Defendant is liable for, comprehensively taking account of various circumstances shown in the pleadings of the instant case, such as health class, the content and degree of the Defendant’s unlawful act, period, the marriage period and family relationship of the Plaintiff and C, and the impact of the Defendant’s unlawful act on the Plaintiff’s marital life, it is reasonable to determine the amount of consolation money that the Defendant is liable for compensation to the Plaintiff as KRW 2

Therefore, the defendant is the day following the delivery date of a copy of the complaint of this case sought by the plaintiff as a result of tort damages to the plaintiff, which is KRW 20,000,000, and since the date of tort.