1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. The plaintiff completed the marriage report on November 4, 1985 with C and three children under the chain.

B. From April 2017, the Defendant knew that he/she had a spouse C, with C.

C. When the Plaintiff becomes aware of the non-wheeled relationship with the Defendant, on August 26, 2017, the Defendant drafted a written statement (Evidence A 4) stating that “The Defendant promised not to meet C twice again, and does not have any word and D. No longer have any relationship with the Defendant. There is no longer any further relationship with the Defendant. It shall be punished in civil and criminal cases at the time of entering into this commitment.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Defendant asserts that the lawsuit in this case is unlawful against the Non-Lawsuit Agreement, since, at the time of the preparation of each written statement on August 26, 2017, the Plaintiff agreed to not impose legal responsibilities on the Defendant.

However, there is no stipulation between the plaintiff and the defendant in the above written statement, and there is no evidence to acknowledge the defendant's above assertion, and the defendant's defense prior to the above written statement is without merit.

3. Judgment on the merits

A. In principle, a third party's act of infringing on or interfering with a couple's communal life falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse constitutes a tort.

(See Supreme Court Decision 201Meu2997 Decided November 20, 2014). According to the above facts of recognition, the Defendant, despite being aware that he/she was a spouse of C, entered into a non-wheeled relationship with C, and the Plaintiff seems to have suffered considerable mental pain. Thus, the Defendant is liable to pay consolation money as compensation for mental damage to the Plaintiff.

The amount of consolation money is the marriage period and family relation of the plaintiff and C, the degree and period of the defendant and C's misconduct, and the act of misconduct.