1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from April 9, 2019 to September 20, 2019.

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on December 16, 2014, and there are two children (D) between them.

B. Around August 2018, the Defendant: (a) had been working at the drinking house and had been able to serve as a customer; and (b) had been in contact with C on October 2, 2018 with C by using a location tracking app during the company with C on October 2, 2018; and (c) had been aware that C was still in her parent-Nam at least from that time.

C. After that, the Defendant, even though being aware that C is a spouse, had sexual intercourse several times, received messages containing hate expressions, etc., and performed abortion after pregnancy around December 2018.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through Gap evidence 12, Gap evidence 17, Gap evidence 21, Gap evidence 23 and 24, and the purport of whole pleadings

2. Determination:

A. The act that a third party who is liable for damages infringes on a couple's communal life falling under the essence of marriage or interferes with the maintenance thereof and infringes on a spouse's right as the spouse and thereby inflict mental pain on the spouse constitutes a tort in principle.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the aforementioned facts, the Defendant committed unlawful acts, such as having sexual intercourse with C even though he/she is aware that he/she is a spouse of C, and it is obvious in light of the empirical rule that the Plaintiff was suffering from mental pain due to such unlawful acts by the Defendant, and thus, the Defendant is liable for compensating the Plaintiff for emotional distress caused by such unlawful acts

B. As to the amount of consolation money within the scope of liability for damages, the background, content, degree, and duration of the unlawful act between the Defendant and C, the marriage period and family relationship between the Plaintiff and C, the marital relationship between the Plaintiff and C after the Defendant’s wrongful act is deemed to have actually caused the failure, such as circumstances after the commission of such unlawful act, etc.