1. The defendant's KRW 25,00,000 and its amount shall be 5% per annum from August 1, 2020 to December 11, 2020 to the plaintiff.

1. Facts of recognition;

A. On December 20, 2006, the Plaintiff and C have one child under the chain of law as a married couple who completed a marriage report on December 20, 206.

B. From the beginning of 2019, the Defendant committed an unlawful act including C and sexual intercourse.

C. On October 15, 2019, the Defendant continued to maintain an inappropriate relationship with C even after the Plaintiff’s fraudulent act was discovered.

[Ground of recognition] Unsatisfy, entry or video of Gap evidence 1 to 5, purport of whole pleadings

2. Determination on the cause of the claim

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s community 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 a tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) According to the above acknowledged facts, the defendant committed an unlawful act even though he/she is the spouse of C. The defendant was aware that he/she is the spouse of C. As such act by the defendant, the plaintiff’s marital relationship was infringed or interfered with the maintenance thereof, the defendant is obligated to take a monetary suffering suffered by the plaintiff.

B. As to the amount of consolation money that the defendant is obligated to pay, comprehensively taking account of all the circumstances revealed in the oral proceedings of the instant case, such as health class, the period of marital life of the Plaintiff and C, the background leading up to the Defendant’s fraudulent act with C, the content and degree of the fraudulent act, the influence of the fraudulent act on the Plaintiff’s marital life, the circumstances after the occurrence of the fraudulent act, etc., it is reasonable to determine the amount of consolation money as KRW 2

C. Accordingly, according to the theory of lawsuit, the defendant is about the existence or scope of the obligation of the defendant since August 1, 2020, which was the day following the delivery date of the copy of the complaint of this case sought by the plaintiff as the compensation for damages to the plaintiff and after the date of tort.