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. On February 28, 2007, the Plaintiff and C had two children (2008, 2010 children) between them as legal married couple who completed a marriage report.

B. After the Defendant became aware of C around 2010, around 2014, the Defendant began with C, and continued to travel with Japan for four (4) days from November 2018 with knowledge of the fact that C is a father-Nam. From January 2019 to May 2019, the Defendant continued to travel with Japan for four (4) days from November 2018.

C. At present, between the Plaintiff and C, the Daegu Family Court No. 2020ddan106239 is pending in a lawsuit for divorce and designation of a custodian.

[Ground of recognition] The fact that there is no dispute, significant fact in this court, each entry (including additional number) in Gap's 1 through 13, the purport of whole pleadings

2. The act, in principle, of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as a spouse by a third party who has committed an unlawful act with the spouse of the married couple, thereby causing mental suffering to the spouse shall constitute tort; and

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts of recognition, the Plaintiff is obvious in light of the empirical rule that the Plaintiff suffered considerable mental suffering due to the infringement of marital life due to an unlawful act between the Defendant and C, and thus, the Defendant is obliged to pay compensation for mental damage suffered by the Plaintiff in money.

3. Scope of liability for damages

A. In full view of the marriage period between the Plaintiff and C, the details and duration of the Defendant’s wrongful act, and other various circumstances shown in the pleadings of the instant case, it is reasonable to determine the amount of consolation money at KRW 15 million.

Therefore, the defendant is about the existence or scope of the defendant's duty of performance from June 14, 2019, after the delivery date of a copy of the complaint of this case, as sought by the plaintiff as a result of the defendant's illegal act.