The defendant's KRW 30,00,000 and its interest to the plaintiff are 5% per annum from May 29, 2020 to January 26, 2021.

1. Facts of recognition;

A. On June 15, 2002, the Plaintiff is a legally married couple who reported a marriage with C on June 15, 2002, and has two minor children (D birth and E birth) between them.

B. On April 2019, the Defendant had been aware of the fact that C was a woman with the knowledge of the fact that C was a woman after having a sexual intercourse with C at the light club for the first time.

(c)

On January 10, 2020, the Plaintiff came to know that the Defendant came to move to C as a house before the house around January 10, 2020, and became aware of the relationship between C and the Defendant.

C Around January 18, 2020, around around 18, 2020, the defendant started living together with the defendant.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-4, Gap evidence No. 2, Gap evidence No. 3, the 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 couple’s community life falling under the essence of marriage and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse, constitutes a tort (see Supreme Court Decision 2013Meu2441, May 29, 2015, etc.). According to the above findings of recognition, the Defendant committed an unlawful act even though he/she is aware that he/she is a spouse of C, thereby infringing the Plaintiff’s community life with knowledge that he/she was a spouse, and it is obvious in light of empirical rule that the Plaintiff was suffering from mental pain due to such an act by the Defendant. Therefore, the Defendant is liable to compensate the Plaintiff for mental pain suffered by the Plaintiff

B. With respect to the amount of consolation money to be paid by the defendant within the scope of compensation, the amount of consolation money to be paid by the defendant shall be determined as KRW 30,000,000, taking into consideration all the circumstances revealed in the pleadings of this case, such as health team, the marriage period of the plaintiff and C, family relations, the background, period, content and degree of the misconduct of the defendant and C, the influence of the above misconduct on the plaintiff's marital life, the circumstances after the occurrence of the misconduct, the attitude of the party