The defendant shall pay 12,00,000 won to the plaintiff and 5% per annum from February 22, 2020 to July 15, 2020 and from the next day.

1. Facts of recognition;

A. On February 18, 2014, the Plaintiff and C have one child (one child in 2014) as a legally married couple who completed a marriage report on February 18, 2014.

B. The Defendant, despite being aware of C’s high school establishment that C had a spouse, began with the teaching system from October 2019 to January 202, 201, and had a sexual relationship while maintaining an inappropriate relationship with C.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s communal life falling under the essence of marriage and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse of the married couple, thereby causing mental pain to the spouse, constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). 2) According to the above acknowledged facts, the Defendant, even though he/she is aware that he/she is a spouse of C, thereby infringing on or interfering with the Plaintiff’s communal life by committing unlawful act with C, is liable to compensate for mental suffering suffered by the Plaintiff.

3. The defendant asserts that the marital relationship between the plaintiff and C was in a state of failure prior to the commencement of the illegal act between the defendant and C, and thus, the conflict between the plaintiff and C is not attributable to the defendant. However, there is no evidence to acknowledge that the marital relationship between the plaintiff and C had already been in a state of failure at the time of the conflict between

B. In full view of all the circumstances indicated in the records and arguments in the instant case, including the scope of damages and the marriage period and family relationship between the Plaintiff and C, the background leading up to the commencement of the teaching system between the Defendant and C, the period and degree of the misconduct committed by the Defendant and C, and the circumstances revealed after the wrongful act became known, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as 12,00

(c).