1. The defendant shall pay to the plaintiff KRW 12,00,000 as well as 5% per annum from July 16, 2020 to September 15, 2020.

1. Facts of recognition;

A. On August 7, 1993, the plaintiff is a legal couple who reported marriage with the non-party C (Nam, D) and has three children under the chain.

B. From August 8, 2019, the Defendant came to know at a meeting of the mountain conference, there was a gap between C and C, which came to know of, from around August 8, 2019, the running of a mountain and eating and the sexual intercourses.

C. On September 18, 2019, the Plaintiff knew such fact and demanded that the Defendant make telephone conversations with the Defendant on September 18, 2019, and that he/she not continue to meet with C any longer directly on October 16, 2019, but the Defendant and C continued the activities of the mountain conference thereafter.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5, the purport of whole pleadings

2. Determination

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 above facts, the defendant committed an unlawful act with knowledge of the fact that he/she had a spouse C, thereby infringing on or maintaining the common life of the plaintiff and C and infringing on his/her spouse’s right as his/her spouse is recognized, and it is obvious in light of the empirical rule that the plaintiff suffered considerable mental suffering, and thus, the defendant is obliged to pay consolation money for mental suffering suffered by the plaintiff.

B. As to the scope of the liability for damages and the amount of consolation money, various circumstances revealed in the pleadings of the instant case, including the following: (a) health group; (b) the background and period of the Defendant’s call up to C; (c) the degree of misconduct committed by the Defendant and C; (d) the marriage period and family relationship between the Plaintiff and C; (c) the Plaintiff’s attitude and circumstance after the discovery of the instant misconduct; (d) the Defendant’s occupation and