1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered under the following sub-paragraph (2) shall be revoked.

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on August 26, 2008, and have two children (2008, 2010, 2010) under the sleep. From December 2015 to December 2015.

B. While being aware that C is a spouse, the Defendant began to teach C with sexual intercourse, etc. from September 2015, and continued the relationship until March 2016.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 6 evidence and Eul 1 evidence (including branch numbers), the purpose of the whole pleadings and arguments

2. The judgment of the third party shall not interfere with the common life of the married couple falling under the essence of the marriage, such as intervention in the common life of the married couple by causing a failure of the married couple, etc., and the third party's act of infringing on the common life of the married couple falling under the essence of marriage or interfering with maintenance thereof, and infringing on the right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes tort;

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). In light of the foregoing legal doctrine, the health unit back to the instant case, and according to the above recognized facts, the Defendant infringed on the Plaintiff’s community life or obstructed the maintenance thereof, thereby suffering from mental pain to the Plaintiff.

As such, there is a duty to compensate for mental damage suffered by the plaintiff.

Furthermore, as to the amount of consolation money, the amount of consolation money shall be determined as KRW 15 million in full view of all the circumstances revealed in the arguments, such as the health group, the marriage period and family relationship between the Plaintiff and C, the content, degree and period of the unlawful act committed by the Defendant and C, and the marital relationship between the Plaintiff and C at the time of the teaching of the Defendant and C.

Therefore, the defendant is from December 22, 2017, which is the day following the delivery date of a copy of the complaint of this case, as sought by the plaintiff, for the plaintiff as a result of the illegal act of KRW 15 million.