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. Basic facts

A. The plaintiff and C are legally married couple who reported their marriage on April 24, 1997 and have two children.

B. C, from September 10, 2016 to December 28, 2016, received telephone calls and Kakakao Stockholm messages several times a day while maintaining a personal relationship with the Defendant. From October 1, 2016 to December 28, 2016, the sexual intercourse occurred several times.

The Defendant told C at each time, read C, read, read, and love, and sent C a photograph of his sexual organ to C.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. The occurrence and scope of liability for damages;

A. (1) In principle, a third party’s act of infringing on or interfering with a couple’s communal life falling under the essence of marriage and infringing on a spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes tort.

(2) According to the above facts, the Defendant committed an unlawful act with a sexual intercourse with C even though he/she is aware that he/she is a spouse, such as continuing a sexual intercourse. The Defendant infringed on the Plaintiff’s community life or interfered with the maintenance thereof, thereby suffering mental pain on the Plaintiff.

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

B. As to the amount of consolation money that the Defendant is liable to compensate to the Plaintiff, the amount of consolation money shall be determined as KRW 17,00,000 in consideration of all the circumstances, including the health team, the period of marriage and family relationship between the Plaintiff and C, the content, degree and period of fraudulent act committed by the Defendant and C, the impact of the Defendant’s fraudulent act on the marriage between the Plaintiff and C, and the Defendant’

C. Accordingly, the defendant is against the plaintiff.