1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual interest thereon from May 9, 2019 to October 1, 2019.

1. Basic facts

A. The Plaintiff and C are married couple who completed the marriage report on May 8, 2018.

B. On November 27, 2018, the Defendant first got married from C after having sexual intercourse with C on November 27, 2018.

After that, the Defendant and C had sexual intercourses on December 2018, 2018, including those with sexual intercourses and sexual intercourses, and on January 2019, the Defendant and C had sexual intercourses several times until the mid-2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 6, purport of the whole pleadings

2. Determination

A. In principle, a third party who suffered liability for damages by committing an unlawful act with the spouse, thereby infringing on or impeding the maintenance of a marital life falling under the essence of marriage and infringing on the spouse's right as the spouse, constitutes a tort. According to the above facts of recognition, the defendant committed an unlawful act such as entering into a sexual relationship with C, knowing that C has a spouse, and the defendant's act constitutes a violation of the spouse's common life with C. Thus, the defendant is liable to pay monetary suffering suffered by the plaintiff.

Although the Defendant asserts to the effect that the marriage between the Plaintiff and C was in the state of failure, and thus, the tort is not established. However, there is no evidence to acknowledge that the marriage between the Plaintiff and C was in the state of failure at the time of the above misconduct, and the above argument by the Defendant

B. As to the amount of consolation money that the Defendant is liable to compensate, the amount of consolation money that the Defendant is liable to compensate to the Plaintiff shall be determined as KRW 10 million, comprehensively taking into account all the circumstances shown in the arguments of the instant case, including health group, the period of marriage between the Plaintiff and C, the content, degree and period of unlawful act between the Defendant and C, and the influence of unlawful act on the marital life of the Plaintiff

Therefore, the defendant is liable to the plaintiff for consolation money of KRW 10 million and the plaintiff as a result of the illegal act.