1. The Defendant’s KRW 15,00,000 as well as annual 5% from August 24, 2019 to August 12, 2020 to the Plaintiff.

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on December 28, 2009.

B. From October 2018 to June 2019, the Defendant sent text messages with C, with the knowledge that C is a spouse, such as giving and receiving text messages with different contents, and frequently talked with C, with the knowledge that C is a spouse.

C. The Plaintiff did not file a divorce lawsuit against C or divorce by agreement.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 7 and the purport of the whole pleadings

2. Determination

A. The husband and wife of the liability for damages shall be faithful to the duty of good faith, and commit unlawful acts which are not faithful to the husband and wife’s duty of good faith shall constitute tort against the other spouse.

The defendant has continued to establish a non-human relationship with C even though he was aware that there was the plaintiff who is a legal spouse of C. Since it is obvious in light of the empirical rule that the plaintiff suffered a considerable mental suffering due to the defendant's improper act, the defendant is obliged to pay the plaintiff the mental suffering suffered by the plaintiff in money.

B. In full view of all the circumstances shown in the pleadings of the instant case, including the health team, the content, degree, period, and the period of the unlawful act committed by the Defendant and C, the period of marital life and family relationship between the Plaintiff and C, and the impact of the Defendant and C’s unlawful act on the Plaintiff’s marital life, the amount of consolation money to be paid by the Defendant shall be determined as KRW 15 million.

3. The conclusion is that the Defendant, as a result of the tort committed against the Plaintiff, dispute over the existence and scope of the Defendant’s duty of performance from August 24, 2019, the following day after the delivery of a copy of the complaint of this case sought by the Plaintiff, to August 12, 2020, which is the date of this decision, 5% per annum as prescribed by the Civil Act, and the next day to the date of complete payment.