1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid next to that of the judgment shall be revoked.

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report with C on August 4, 2010, and two children are between C and C.

B. Around April 2012, the Defendant first known C as a company’s business relationship. Around July 4, 2012, with the knowledge of the fact that C is a spouse, developed C as a person with a relationship with C and a person with a relationship with C, and continued to teach C on seven occasions from July 4, 2012 to April 10, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts finding that the Defendant was liable for damages, since C committed an unlawful act while knowing the fact that C was in a marital relationship with the Plaintiff, thereby infringing on or obstructing the Plaintiff’s communal life or infringing on the Plaintiff’s spouse’s right as his spouse, thereby suffering mental suffering, the Defendant is liable for compensating the Plaintiff for the mental damage suffered by the Plaintiff.

In regard to this, the defendant asserts that it is improper for the plaintiff to transfer his liability to the defendant for fraudulent acts with C even though the plaintiff has used C's improper acts and maintained his marital life. However, it is not sufficient to recognize that the plaintiff merely maintained his marital life with C, and further, it cannot be deemed that the plaintiff's claim for damages against the defendant was extinguished. Therefore, the above argument by the defendant is without merit.

B. As to the amount of consolation money that the Defendant is liable to pay to the Plaintiff, in full view of all the circumstances shown in the pleadings of the instant case, including the Plaintiff’s age and present situation, the period of fraudulent act between the Defendant and C, the background of the fraudulent act, the degree that the above fraudulent act affected the failure of the marriage between the Plaintiff and C, and the time when the instant lawsuit was filed, it is reasonable to determine the amount of consolation money at KRW 15,00,000, and thus, the Defendant shall pay consolation money to the Plaintiff.