1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 18,002,459 and KRW 18,00,000 among them.

1. Facts of premise;

A. C is a legally married couple who reported a marriage on November 28, 1994 and has three children between the Plaintiff and the husband, and the Defendant works for the Plaintiff’s husband and wife as a family helper, including care for the Plaintiff’s children.

B. The Defendant has maintained inappropriate relations from around 2012 to 2014, such as: (a) having been well aware of the fact that C is a son; (b) having continuously entered into a sexual relationship with C; (c) having constantly exchanged with C; and (d) having given material assistance.

C. C entered into a unsound relationship with two other women during the same period, and the Plaintiff filed a lawsuit claiming consolation money against the said two women, and received each winning judgment of KRW 12,000,000, and KRW 8,000,000.

(In Incheon District Court Decision 2014Kadan47896). D.

The Plaintiff filed the instant lawsuit on September 19, 2014, and the Defendant and C frequently exchanged currency with each other until February 5, 2015, and even money transaction on two occasions (on October 1, 2014, remittance of KRW 970,000 and KRW 300,000 by C on July 6, 2015) were also remitted.

E. Meanwhile, on July 29, 2015, the Plaintiff, while continuing the instant appellate trial, filed a lawsuit of divorce and consolation money against the Defendant (Seoul Family Court 2015ddan320568), and the said lawsuit is currently pending.

[Ground of Recognition] : Facts without dispute; entries in Gap 1-4, 6, 13 (including above numbers); images of evidence Gap 8 and 9 (including paper numbers); fact-finding for the first instance EL Plus Co., Ltd.; the purport of the whole pleadings;

2. Determination

A. According to the premise of the occurrence of liability for damages, the Defendant appears to have committed unlawful acts, such as sexual intercourse with C, even though he/she is aware of his/her spouse, and maintained an inappropriate relationship, which constitutes a tort against the Plaintiff, who is a spouse under the law of C. Therefore, the Defendant is liable to compensate the Plaintiff for mental damage suffered by the Plaintiff.

B. The Defendant is liable to compensate for damages.