1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Basic Facts

The facts acknowledged by this Court as to this part are the same as the "1. Facts recognized by the court of first instance except for addition of evidence Nos. 14 through 16" after the "Evidence No. 14 and No. 16 of the judgment No. 2 of the court of first instance". Thus, they are cited as it is in accordance with Article 420 of the Civil Procedure Act.

The defendant alleged the plaintiff's assertion that the defendant committed an illegal act against the plaintiff by continuing to maintain an inhumanity relationship even though he/she knows that he/she has a spouse.

Therefore, the defendant is liable to pay consolation money and damages for delay to the plaintiff as compensation for mental damage.

In light of the fact that the Plaintiff has maintained the marital relationship with C so far, the amount of consolation money calculated by the first instance court is excessively excessive and unfair.

An act that a third party who has liability for damages concerning the cause of a claim infringes on a couple's communal life falling under the essence of marriage or interferes with the maintenance thereof and infringes on the right of the spouse as the spouse, thereby causing mental pain to the spouse, shall constitute a tort.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). Examining the facts recognized earlier in light of the aforementioned legal doctrine, the Defendant is obviously in light of the empirical rule that, even though he/she was aware that he/she was a spouse, the Defendant had committed tort against the Plaintiff by maintaining inhumane relationship with C, such as having sexual intercourse with C for a considerable period, and that such act had undergone severe mental pain on the part of the Plaintiff, and thus, the Defendant is obliged to pay consolation money as compensation for mental damage.

As to the amount of consolation money, the scope of liability for damages, the period of marriage and family relationship between the plaintiff and C, the period, form, and degree of the defendant and C's improper act, and the plaintiff's mental impulse knowing the defendant and C's improper act, so far.