The defendant shall pay 12,00,000 won to the plaintiff and 5% per annum from June 25, 2020 to November 25, 2020 and the next day.

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on November 22, 1990.

B. The Defendant, despite being aware of the existence of a spouse from around 2016 to 2019, maintained inappropriate relations, such as having sexual intercourse, with C.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 5, 6, 7 and the purport of the whole pleadings

2. Determination

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s community life falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse constitutes a tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). 2) According to the above-mentioned facts, according to the above-mentioned facts, the Defendant was liable to compensate for emotional distress inflicted on or interfere with the Plaintiff’s community life by committing an unlawful act even though he/she is aware that he/she is a spouse of C, thereby infringing on or maintaining the Plaintiff’s community life.

B. In full view of all the circumstances revealed in the records and pleadings, such as the scope of damages and the marriage period and family relationship of the Plaintiff and C, and the period and degree of the Defendant’s wrongful act, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 12,00,000

C. On June 11, 2020, the day following the day when a copy of complaint was served on the Plaintiff as compensation for damages caused by a tort, the Defendant is obligated to pay the Plaintiff damages for delay calculated by the ratio of 5% per annum as stipulated by the Civil Act to November 25, 2020, and 12% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of complete payment.

3. The plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.