1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from January 12, 2018 to May 1, 2019.

1. Facts of recognition;

A. The plaintiff and C are legal married couple who completed the marriage report on December 24, 1983, and have two children who have attained majority.

B. The Defendant and C met with several times from around 2010 to 2015, and they met with them.

[Ground of recognition] Facts without dispute, entry of Gap1 to 5 evidence (including paper numbers), the purport of the whole pleadings

2. Judgment on the principal lawsuit

(a) An act that a third party who has a liability for damages causes mental distress to the spouse by infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse's right as the spouse, constitutes a tort;

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). “Cheating” in this context refers to not limited to gender relations, but to all acts that are not faithful to the husband’s duty of good faith, and whether such acts are illegal or not shall be evaluated in consideration of the degree and circumstances depending on specific cases.

(see, e.g., Supreme Court Decision 87Meu5, 87Meu6, May 26, 1987). According to the above facts and legal principles, the defendant committed an unlawful act with C knowing that C is a spouse, which constitutes a tort against the plaintiff, and it is clear in light of the empirical rule that such an act resulted in severe mental suffering of the plaintiff.

The defendant is obligated to pay consolation money to the plaintiff as compensation for mental damage.

B. As to the amount of consolation money within the scope of liability for damages, it is reasonable to determine the amount of consolation money as KRW 20,000,000 in consideration of various circumstances shown in the pleadings in the instant case, such as health class, the period of marriage between the Plaintiff and C, the extent of the Defendant’s wrongful act, the influence of the Defendant’s wrongful act on the Plaintiff’s marital life, and the progress before

C. Sub-decisions.