1. The Defendant (Counterclaim Plaintiff) paid KRW 30,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 23, 2018 to May 23, 2019.

1. Determination on the main claim

A. A. A third party of the relevant legal doctrine shall not interfere with a married couple’s community life falling under the nature of the marriage, such as interfering with a couple’s community life by causing a failure of a married couple’s community life.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015). B.

1) On June 22, 2012, the Plaintiff is the legal spouse of Nonparty C (hereinafter referred to as “foreign person”) who completed a marriage report with Nonparty C (hereinafter referred to as “foreign person”).

B) From around 2016, the Defendant committed an unlawful act with the Nonparty, and during that process, the Nonparty’s child was pregnant. The Plaintiff became aware of this fact around February 2018, and expressed that the Nonparty did not have an intention to divorce with the Nonparty, but the Nonparty took a marriage with the Defendant, and the Plaintiff demanded divorce.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 11, 19, and 20 (including a provisional number), each of the statements, images, and the purport of the whole pleadings, but the above facts of recognition are as follows: the defendant committed a tort with the non-party who is the plaintiff's spouse, thereby infringing the two couple's common life and suffering from mental pain. Thus, the defendant is liable for damages caused by tort.

In addition, considering the marriage period of the Plaintiff and the Nonparty, the content, degree and period of the unlawful act of the Defendant and the Nonparty, the impact of the said unlawful act on the marital life of the Plaintiff and the Nonparty, and the situation before and after the Plaintiff became aware of such unlawful act, it is reasonable to determine the amount of consolation money as KRW 30 million.

C. As to the Defendant’s assertion, the Defendant had already shared life between the Plaintiff and the Nonparty.