1. Of the judgment of the first instance court, 10 million won and 5% per annum for the defendant from September 9, 2017 to August 30, 2018.

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on June 12, 2004, and have two children between them.

B. With knowledge of the fact that C is a father-Nam, the Defendant, from June 23, 2017 to June 26, 2017, was accommodated in C and Singapore with C, “D”, and was in an unlawful relationship with C, such as kis and pets, within the automobile of C around August 10, 2017.

C. The plaintiff maintains a matrimonial relationship with C until now.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, fact-finding inquiry results to the head of the Seoul Immigration Office at the trial, the purport of whole pleadings

2. Determination on the cause of the claim

(a) An act that a third party who has a liability for damages causes mental distress to the spouse by infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse's right as the spouse, constitutes a tort;

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). Examining the facts found earlier in light of the aforementioned legal doctrine, the Defendant, despite being aware that C is a spouse, maintained an illegal relationship with C, thereby committing tort against the Plaintiff, and is clear in light of the empirical rule that such an act resulted from severe mental pain to the Plaintiff.

The defendant is obligated to pay consolation money to the plaintiff as compensation for mental damage.

B. As to the amount of consolation money within the scope of liability for damages, it is reasonable to determine the amount of consolation money as KRW 10 million in consideration of various circumstances shown in the pleadings of the instant case, such as health group, the period of marriage and family relationship of the Plaintiff and C, the period, mode, and degree of fraudulent act of the Defendant and C, the influence of the Defendant’s improper act on the Plaintiff’s marital life, and the progress before and after

C. According to the theory of the lawsuit, the defendant is worth KRW 10 million to the plaintiff.