1. The defendant shall pay to the plaintiff KRW 10,000,000 as well as 5% per annum from June 5, 2019 to January 8, 2020, and the next day.

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on February 22, 2017, and have one married couple in 2017 and one biological baby in 2019.

B. The Defendant, knowing that C is a spouse who has completed the marriage report, was sexual intercourses over several times with the Defendant and the father.

On March 24, 2019, the Defendant sent a phone call to the Plaintiff on March 24, 2019, and revealed the fact that he had sexual intercourse with C, and said, “the Defendant would be married with C after the divorce with C.”

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, and Gap evidence 6-8, the purport of the whole pleadings and arguments

2. The decision-making third party shall not interfere with a married couple's communal living which corresponds to the nature of the marriage, such as intervening in a marital life of another person and causing a failure of the marital life;

In principle, a third party's act 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 the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(see, e.g., Supreme Court Decision 2004Da1899, May 13, 2005). The Defendant committed an unlawful act, such as having sexual intercourse with C as a person with sexual intercourse.

The defendant's above act constitutes a tort which infringes upon the plaintiff's spouse's right as C's wife and causes mental pain to the plaintiff.

Therefore, the defendant has a duty to do with mental pain of the plaintiff in monetary form.

The amount of consolation money to be paid by the Defendant to the Plaintiff shall be determined as KRW 10,00,000, considering all the circumstances shown in the pleadings of the instant case, such as the period of marital life of the Plaintiff and C, the age of his child, the content, degree and period of the Defendant’s wrongful act, and the impact of the Defendant’s

Therefore, the defendant shall pay 10,000,000 won to the plaintiff and this shall apply.