1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 2, 2019 to January 16, 2020.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 9, the Defendant recognized that C committed an unlawful act in 2019 with knowledge that C was a spouse, and that the Plaintiff, the spouse of C, was suffering from mental pain in light of the empirical rule, so the Defendant is obliged to do so in money to the Plaintiff.

The amount of consolation money that the Defendant is liable to compensate shall be determined as KRW 15,00,000, in consideration of the various circumstances shown in the pleadings of the instant case, such as the health class, the marriage period of the Plaintiff and C, the details, circumstances, and period of misconduct, and the impact of the act of misconduct on the Plaintiff’s marital relationship.

On the other hand, according to Gap evidence No. 6 (Written Agreement), the plaintiff selected and agreed to pay KRW 30,000,000 as penalty in the event that the defendant had contacted with C and committed unlawful acts in the future. Since the defendant had contacted with C after the formation of the written agreement, the defendant had committed contact with C and committed unlawful acts, the amount that the defendant would pay to the plaintiff is KRW 30,000,000,000, which is the amount that the defendant would pay to the plaintiff. However, if the amount of the said agreement is unreasonably excessive as the scheduled amount of compensation for damages, the court may reduce it to a reasonable extent in accordance with Article 398(2) of the Civil Act. In full view of the above-mentioned situation, the estimated amount of

Therefore, it is reasonable to reduce the amount of 15,000,000 won.

Therefore, even if the claim for penalty is made, the amount of damages that the defendant shall pay to the plaintiff is 15,000.