1. The Defendant’s KRW 30,000,000 as well as 5% per annum from June 30, 2019 to April 22, 2020 to the Plaintiff.

1. Facts of recognition;

A. The plaintiff and C are legal married couple who reported their marriage on April 18, 1983, and have two children among them.

B. The defendant knew that C has a spouse, brought about a sex relationship several times from the spring of 2003 to the end of 2011 with knowledge that C has a spouse.

C. On August 30, 2019, the Plaintiff and C reported divorce.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, and 8, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). Meanwhile, the term “illegal act” under Article 840 subparag. 1 of the Civil Act includes any act that is not faithful to the duty of good faith as a spouse, and includes any act that is larger than the so-called “an ordinary”, and the issue of whether an act is an unlawful act ought to be evaluated in consideration of the degree and situation depending on a specific case.

(See Supreme Court Decision 92Meu68 delivered on November 10, 1992). According to the above facts of recognition, the defendant is liable to pay consolation money to the plaintiff, on the ground that the defendant has a duty to pay consolation money to the plaintiff, on the ground that he is aware of his spouse, by committing an unlawful act, such as knowing that he has a spouse C, having a sexual intercourse with C, continuing to meet with C, thereby infringing on the essence of the marriage, interfering with the maintenance thereof, and infringing on his right as the spouse, thereby having suffered considerable mental pain.

B. Various arguments in the instant case, such as the contents, period and degree of fraudulent act, the period of marriage and family relationship of the Plaintiff and C, and the influence of fraudulent act on the marital life of the Plaintiff and C.