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 and C are legally married couple who completed the marriage report on December 23, 2008, and have two minor children under the chain.

B. C was only the Defendant with the introduction of a friendship, and the Defendant, despite being aware of the spouse’s existence, maintained a non-wheeled relationship between C and C over several occasions from December 2016 to January 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination

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 2011Meu2997 Decided November 20, 2014). According to the above facts, the Defendant, even though having knowledge of the existence of a spouse, committed unlawful act, such as committing a sexual intercourse with C, thereby infringing on the communal life of the married couple falling under the essence of marriage or interfering with its maintenance, infringing on the Plaintiff’s spouse’s right as his/her spouse, and thereby infringing on the Plaintiff’s right as his/her spouse, is obvious in light of the empirical rule that the Plaintiff was suffering from severe mental pain, and thus, the Defendant has a duty to

B. Furthermore, with regard to the amount of consolation money that the Defendant is liable to compensate, it is reasonable to determine consolation money as KRW 20,000,000 in consideration of various circumstances shown in the pleadings of the instant case, including the following factors: health class; the content, period and degree of fraudulent act; the relationship between the Defendant and C; the marriage period and family relationship with the Plaintiff and C; and the unlawful act affecting the common life of the Plaintiff and C.

C. On the other hand, the defendant delivered a copy of the complaint of this case to the plaintiff as claimed by the plaintiff.