1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from January 9, 2020 to September 24, 2020, and the following.

Facts of recognition

On May 4, 1996, the Plaintiff and C, and three children were legally married couple who completed the marriage report.

Since 2014, the Defendant received KRW 50 million from C the deposit for lease at the place of residence from C while teaching with C, and received lease vehicles from C related companies.

C and the defendant cut down their relations in around 2019.

[Based on recognition, the third party who is liable for damages shall not interfere with the marital community falling under the nature of marriage by participating in the other party’s common life and causing the failure of the marital community by participating in the other party’s common life. The third party who is liable for damages shall not interfere with the marital community falling under the nature of marriage.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts, it is reasonable to view that the Defendant committed an unlawful act with knowledge that C is a spouse, and thereby, the Defendant committed an act of infringing the Plaintiff’s communal living or interfering with the maintenance thereof, thereby causing serious mental pain to the Plaintiff.

Therefore, the defendant is liable to compensate the plaintiff for mental damage suffered by the plaintiff due to the above tort.

B. As to the amount of consolation money to be paid by the Defendant to the Plaintiff, the amount of consolation money to be paid by the Defendant shall be determined as KRW 20,00,000, in consideration of all the circumstances, including the health team, the period of marriage and family relationship between the Plaintiff and C, the content, degree and period of the unlawful act committed by the Defendant and C, the impact of the unlawful act on the Plaintiff’s husband’s common life, and the degree

Therefore, the defendant shall pay consolation money to the plaintiff 20,000,000 won and this.