1. The Defendant’s KRW 30,000,000 as well as 5% per annum from September 13, 2017 to February 13, 2018 to the Plaintiff.

1. Basic facts

A. The Plaintiff is a legal couple who completed the marriage report on December 1, 2004 with Nonparty C.

There is one child under 12 years of age between them.

The defendant is also a person who has a spouse.

B. Around June 2015, the Defendant and Nonparty C leased studio in the name of Nonparty C in the Young-si, Suwon-si, Suwon-si, and committed an unlawful act including the adultery continuously for about two years at that place.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

2. Determination

A. Illegal act in the occurrence of liability for damages includes any act that is not faithful to the duty of good faith as a spouse, and whether it is an unlawful act as a broad concept rather than a so-called simple one should be evaluated in consideration of the degree and circumstances depending on each specific case.

(See Supreme Court Decision 92Meu68 delivered on November 10, 1992). Meanwhile, a third party’s act of infringing on or interfering with a couple’s community life falling under the essence of marriage and infringing on a spouse’s right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes tort.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). Examining the aforementioned facts in accordance with such legal doctrine, it is reasonable to view that the Defendant committed an act of infringing on or interfering with the maintenance of marital life falling under the essence of marriage by committing an unlawful act, including continuous adultery with C, and infringing on the Plaintiff’s spouse’s right as the spouse C, thereby causing 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. As to the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff, the health team, the content, period and degree of the Defendant and C’s wrongful act, the marriage period between the Plaintiff and C, and the marriage period.