1. The Defendant’s KRW 15,00,000 as well as 5% per annum from July 3, 2018 to June 12, 2019 to the Plaintiff.

1. Facts of recognition;

A. On August 30, 201, the Plaintiff married with C and has two children.

B. From July 2018, the Defendant, despite being aware of the existence of C’s spouse, maintained inappropriate relations, such as having sexual intercourses with C’s vehicle or between the Plaintiff and C’s residence.

C. Meanwhile, the Plaintiff maintained a marital relationship with C until the date of the closing of the argument in this case.

[Based on recognition] The descriptions and images of Gap evidence 1 through 12 (including each number), the purport of the whole pleadings

2. Determination

A. In principle, a third party who has a liability for damages, by committing an unlawful act with the spouse, thereby infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse, constitutes a tort in principle (Supreme Court en banc Decision 2011Meu2997 Decided November 20, 201). Accordingly, a third party who has a liability for damages is obliged to suffer mental suffering suffered by the spouse.

According to the above facts, the defendant knowingly committed an unlawful act with C's spouse and thereby inflicted mental pain on the plaintiff.

Therefore, the plaintiff has a duty to care for mental suffering in money.

B. In full view of all the circumstances revealed in the pleadings of the instant case, such as health team, the period of marital life and family relationship between the Plaintiff and C, the period and degree of the unlawful act between the Defendant and C, and the impact of the said unlawful act on the marital relation between the Plaintiff and C, it is reasonable to determine the amount of consolation money as KRW 15,00,000.

Therefore, the Defendant’s defense over the Plaintiff’s 15,00,000 won and the existence and scope of the obligation from July 3, 2018, which is the date of tort, is a considerable amount of 5% per annum as stipulated in the Civil Act until June 12, 2019, which is the date of the judgment of this case, and full payment from the following day.