1. The Defendant’s KRW 20,000,000 as well as 5% per annum from September 5, 2019 to January 14, 2020 to the Plaintiff.

1. Facts of recognition;

A. The plaintiff is a legal couple who reported marriage with C on June 1, 2007.

B. From September 2018, the Defendant continued contact with C and met with C, and committed unlawful acts, such as living together from November 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, and purport of the whole pleadings

2. Determination:

A. 1) A third party’s liability for damages shall not interfere with a married couple’s community life falling under the essence of marriage by intervening in a marital life of another person. A third party’s unlawful act with a spouse, thereby infringing on a married couple’s community life falling under the essence of marriage or interfering with its maintenance, and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes a tort (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). In light of the above recognized facts, the defendant, even though he/she knows that he/she has a spouse, committed unlawful act with C, thereby infringing on the Plaintiff’s community life or interfering with its maintenance, and infringing on the Plaintiff’s spouse’s right as the spouse, and thus, the defendant is liable to compensate the Plaintiff for mental distress inflicted on the Plaintiff.

B. In full view of the above recognized facts and the marriage period and family relations of the Plaintiff and C, the degree and period of fraudulent act, the degree of failure of the marital life caused by illegal act, the Defendant’s attitude after illegal act, etc., the amount of consolation money to be paid to the Plaintiff shall be determined as KRW 2 million.

3. The plaintiff's claim is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.