The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from April 1, 2020 to August 12, 2020 and from the next day.

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report with C on October 18, 2001, and has three children among them.

B. The Defendant, despite being aware of the fact that C is a legally spouse, maintained inappropriate relations, such as having a private met with C for about one year, and having a sexual intercourse with C.

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

2. Determination as to the cause of action

A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the aforementioned facts, the Defendant, even though having knowledge that C is a spouse, committed an unlawful act with C, thereby infringing upon the Plaintiff’s community life or interfering with the maintenance thereof, and infringing on the Plaintiff’s right as the spouse, barring any special circumstance, is obliged to engage in the Plaintiff’s emotional distress.

B. Considering the marriage period and family relation between the Plaintiff and C, the degree and period of fraudulent act, the influence of the said fraudulent act on the Plaintiff’s marital life and other circumstances revealed in the argument of this case, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 20,00,000.

Therefore, the defendant's 20,000 won and its 20,000 won as to the plaintiff and the defendant's 20,000 won after the date of tort, upon the plaintiff's request, shall be from April 1, 2020 on the day following the date of delivery of a copy of the complaint of this case until August 12, 2020.