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. The Plaintiff and C are legally married couple who completed the marriage report on February 20, 2014.

B. While being aware of the existence of a spouse to C, the Defendant committed an unlawful act by committing a multiple-time sexual intercourse with C during the period from June 14, 2016 to September 2017, and giving and receiving from time to time. From June 14, 2017 to June 18, 2017, the Defendant engaged in an overseas tour with C along with C.

[Grounds for Recognition] Unsatisfy, entry and video of Gap evidence 1 through 9 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination

A. 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 a spouse's right as the spouse by committing an unlawful act with the spouse, constitutes a tort in principle, and the third party has a duty to inflict mental suffering suffered by the spouse. The third party has a mental suffering suffered by the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). According to the aforementioned facts, the Defendant committed an unlawful act, such as entering into a sex relationship with C, even though he/she is aware that he/she is a spouse of C, and the Plaintiff was suffering from mental suffering due to such an act by the Defendant is clear in light of the empirical rule.

Therefore, the defendant is obligated to pay consolation money for mental suffering suffered by the plaintiff.

B. Furthermore, with regard to the amount of consolation money to be paid by the Defendant, the amount shall be determined as KRW 20,000,000, taking account of the various circumstances shown in the pleadings of the instant case, such as the content, degree and period of the unlawful act committed by the Defendant and C, the period of marriage and family relationship between the Plaintiff and C, and the impact of the Defendant’s unlawful act on the Plaintiff’s common life.

Therefore, the defendant is the plaintiff's tort of solatium 20,000,000 and the above illegal act.