1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff and C are legally married couple who completed marriage on October 28, 2006, and two children between them.

B. On March 2017, C and the Defendant first met at the week where the Defendant was working, and continued to grow from May 2017 to a deep relationship, including sexual intercourse. The Plaintiff became aware of C and the Defendant’s unknown fact around June 2017.

C. The plaintiff maintains a matrimonial relationship with C until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination on the cause of the claim

(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 Supreme Court Decision 2013Meu2441 Decided May 29, 2015 (see, e.g., Supreme Court Decision 2013Meu2441). As to the instant case, the Defendant’s act of maintaining inhumanity relations with C, by recognizing that C is a spouse, constitutes a tort committed by infringing the Plaintiff’s right as community life and spouse, thereby causing emotional distress to the Plaintiff. It is obvious in light of the empirical rule that the Defendant’s tort suffered severe mental pain.

Therefore, the defendant is jointly and severally obligated to pay consolation money to the plaintiff as compensation for mental damage suffered by the plaintiff.

B. 1) With regard to the amount of consolation money, the amount of consolation money shall be determined as KRW 8 million in consideration of various circumstances shown in the arguments in the instant case, such as health group, the period of marriage and family relationship between the Plaintiff and C, the period, mode, and degree of fraudulent act between the Defendant and C, the influence of the Defendant’s improper act on the Plaintiff’s marital life, and the progress before and after the instant lawsuit.