1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is a person who, since May 2008, puted up a marriage with C and maintained a de facto marital relationship with C on February 27, 2016, and was a person who was a worker of C. The Defendant is a person who was a worker of C.

B. On October 13, 2016, the Defendant exchanged with Plaintiff D’s future contact with the Plaintiff, and D, the Defendant’s spouse on October 13, 2016, left D’s home as the Defendant’s home and became a sexual intercourse with C.

C. As above, the Defendant met C over several times even after livering with C. D.

On November 28, 2016, D, the Defendant’s spouse, filed a lawsuit for damages claim against C by Seoul Central District Court Decision 2016Kadan5283697.

On May 25, 2017, the above court sentenced D to “C shall pay consolation money of KRW 20,000,000 to D,” and the above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, 4, and 5 (including branch numbers, if any) or video, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant committed an unlawful act with C and thereby inflicted mental pain on the plaintiff. Thus, the defendant has a duty to pay back money to the plaintiff.

Furthermore, in full view of all the circumstances revealed in the arguments in the instant case, such as the health team, the period of de facto marriage between the Plaintiff and C, the period and manner of the unlawful act between the Defendant and C, and the situation before and after the instant lawsuit, it is reasonable to determine consolation money to be paid to the Plaintiff as KRW 20,00,000.

Therefore, the defendant is obligated to pay to the plaintiff 20 million won and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from October 13, 2016, which is the date of the imposition of the judgment of the first instance until September 27, 2017, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment, as the plaintiff seeks.

3. If so, the plaintiff's claim is reached.