1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered under paragraph (2) shall be revoked, and that part shall be revoked;

1. The Plaintiff, in around 2009, completed the marriage report after marriage between C and China, and completed the marriage report, and was married on October 11, 2018 with one female (2010) and one male (2012).

2. Determination on the cause of the claim

A. The act that a third party of the relevant legal doctrine infringes on or interferes with a couple's communal life falling under the essence of marriage and infringes on the right as a spouse, thereby causing mental suffering to the spouse, in principle, constitutes tort.

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). B.

In light of whether liability for damages is recognized or not, as described in subparagraphs 1 through 10 (including paper numbers) or the overall purport of the pleadings, the Defendant is recognized to have maintained an illegal relationship even until the time when the Plaintiff and C have divorced as above, while running a duty-free shop purchasing business from September 2017 to operate a duty-free shop purchasing business.

The defendant is liable for compensating the plaintiff for mental damage caused by the infringement of the plaintiff's right as the plaintiff's communal living and his spouse.

C. In full view of all the circumstances revealed in the pleadings of the instant case, including the scope of liability for damages and the amount of consolation money, the degree and period of the Defendant’s fraudulent act, and the influence of the above fraudulent act on the marital relation between the Plaintiff and C, it is reasonable to determine the amount of consolation money to be paid by the Defendant to the Plaintiff as KRW 15 million.

Therefore, as the Plaintiff seeks, the Defendant shall pay a solatium of KRW 15 million to the Plaintiff, and as the Plaintiff seeks, 5% per annum under the Civil Act from May 2, 2018, which is reasonable to dispute as to the existence and scope of the obligation to perform from May 2, 2018, the day following the delivery date of the instant complaint, until September 26, 2019, and from the following day.