1. The Defendant’s KRW 17,00,000 and the Plaintiff’s annual rate of KRW 5% from June 17, 2016 to October 27, 2017.

1. Basic facts

A. On November 18, 1994, the Plaintiff has two children as the legal couple who reported marriage with C and C.

The defendant has been working in the same workplace as C from around 2014.

B. The Defendant, despite being aware that C was a spouse, began teaching system from December 2015, and maintained an illegal relationship with C for not less than four months, including having sexual intercourse with C on March 20, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10-2, Gap evidence 16, 17, Gap evidence 20 through 23, and the purport of whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that since around 2014, the Defendant committed unlawful acts, such as having sexual intercourse with C several times, and caused considerable mental and physical pain to the Plaintiff, and accordingly, the Plaintiff is liable for compensating for damages arising from such unlawful acts and sought payment of KRW 50 million as consolation money.

In this regard, the defendant asserts that C is preparing for a divorce lawsuit with the plaintiff and the plaintiff and the plaintiff will arrange for the family, that C has actively demanded to meet with South and North Korea, and that at the beginning of the teaching system, the plaintiff and C had not been in a state of marriage, and that at the time of the teaching system, the relationship with C had not been broken down, and that the plaintiff's claim is unfair or unfair, since it did not have a sexual relationship with C, the amount of consolation money for the claim is excessive.

B. 1) Determination 1) In principle, a third party’s act of infringing on or interfering with a couple’s communal life falling under the essence of marriage and infringing on a spouse’s right as a spouse by committing an unlawful act with one’s husband and wife, thereby causing emotional distress to the spouse constitutes tort (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above basic facts, according to the above basic facts, the Defendant maintained an unlawful relationship with C, such as having a sexual intercourse with C, even though he/she is aware that he/she is a married person, thereby maintaining the same for a considerable period of time.