1. The Defendant’s KRW 15,00,000 and the Plaintiff’s annual rate of KRW 5% from June 2, 2020 to December 23, 2020, and the following.

1. Facts of recognition;

A. The plaintiff is a legally married couple who completed the marriage report on September 30, 1996, and two children were employed between C and C.

B. The Defendant, despite being aware of the marriage of C, maintained an inappropriate relationship between C and from 2008 to 2019, such as having a sexual intercourse or having a sexual intercourse.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 1-2, 3, Gap evidence 7, 10, Gap evidence 1-2, the purport of the whole pleadings

2. Determination on the cause of the claim

(a) A third party who has a liability for damages shall not interfere with a married life falling under the nature of 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 Supreme Court Decision 2004Da1899 Decided May 13, 2005, and Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the above facts of recognition, the Defendant committed an unlawful act despite being aware that C is a spouse, and thereby, committed an act infringing the Plaintiff’s community life or interfering with the maintenance thereof, thereby causing considerable 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. The amount of consolation money shall be determined as KRW 15,00,000, which the Defendant is liable to compensate the Plaintiff in consideration of all the circumstances, such as the Plaintiff’s marriage period and family relation, the content, degree and period of the Defendant’s unlawful act, the influence of the unlawful act on the Plaintiff’s marital life, and the Defendant’s contribution to the unlawful act.

C. Accordingly, the defendant shall pay consolation money of KRW 15,000,000 to the plaintiff and this shall apply.