1. The Defendant’s KRW 16,00,000 as well as 5% per annum from August 17, 2019 to November 25, 2020 to the Plaintiff.

Facts of recognition

A. The Plaintiff is a legally married couple who completed the marriage report with C on February 6, 2009, and has two children among them.

B. The Defendant, despite being aware of the fact that C was a legally spouse, maintained improper relations, including sexual intercourse with C with a private person, from the end of 2018 to August 2019.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), witness C, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the aforementioned facts, the Defendant, even though having knowledge that C is a spouse, committed an unlawful act with C, thereby infringing upon the Plaintiff’s community life or interfering with the maintenance thereof, and infringing on the Plaintiff’s right as the spouse, barring any special circumstance, is obliged to engage in the Plaintiff’s emotional distress.

As to this, the defendant asserts that since the marital life between the plaintiff and C has already been broken down, it is not responsible for the failure of the marital relationship between the plaintiff and C due to the defendant's unlawful act. However, there is no evidence to acknowledge it, and the above argument is without merit

B. In light of the marriage period and family relation between the Plaintiff and C, the relationship between the Plaintiff and the Defendant, the degree and duration of the unlawful act, the influence of the unlawful act on the Plaintiff’s marital life, and all other circumstances revealed in the argument in this case, consolation money that the Defendant is to pay to the Plaintiff.