1. The Defendant jointly with C (D) and jointly with the Plaintiff KRW 15,00,00,000, and with respect thereto, from May 4, 2019 to October 16, 2019.

1. Facts of recognition;

A. On March 27, 2013, the Plaintiff and C completed the marriage report, and between them, two children (the birth in 2005, 2013), respectively.

B. The Defendant and C who worked in the same workplace was very closely related to the early 2018.

C. On July 22, 2018, Defendant and C had been involved in a trip accompanied by accommodation in the Jeonnam-gun. However, as long as they did not reach, two people did not enter the telecom, and the two people’s wrongful relationship was discovered.

On April 23, 2019, the Plaintiff filed the instant lawsuit against the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination as to the cause of action

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

(See Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). Also, tort liability borne by either spouse and a third party is jointly and severally liable as a joint tort.

(Supreme Court Decision 2013Meu2441 Decided May 29, 2015). The fact that the Defendant knowingly committed an illegal act with C with C despite being aware of his/her spouse’s existence is as seen earlier. Such an act by the Defendant is reasonable to deem that the Plaintiff infringed upon the rights of the Plaintiff’s spouse as C, and it is clear in light of the empirical rule that the Plaintiff suffered a serious mental pain.

Therefore, as the joint tortfeasor, the defendant is obligated to compensate the plaintiff for the above mental damage as the joint tortfeasor.

B. Regarding the amount of consolation money to be paid by the Defendant to the Plaintiff, the health team, the background leading up to the Defendant’s wrongful relationship with C, and the Plaintiff and C.