The defendant shall pay 12,00,000 won to the plaintiff and 5% per annum from April 24, 2020 to December 10, 2020, and thereafter.

1. Facts of recognition;

A. The Plaintiff and Nonparty C are legally married couple who completed the marriage report on June 17, 2016.

B. The Defendant was aware of the time of death with C and 19.

C. Around December 12, 2017, the Defendant, knowing that C is a person married to and is a spouse, was sexual intercourse in the Cheongju-si Cheongju-si Cheongju-si Da (hereinafter “Cheongju-si”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, witness C's testimony, purport of whole pleadings

2. Determination

A. 1) Even if a third party is liable for damages, it shall not interfere with a married couple’s communal living falling under the essence of marriage by intervening in a married couple’s communal living, causing failure of a married couple’s communal living. A third party’s act of infringing on or maintaining a married couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes a tort in principle (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) In light of the above legal principles, according to the facts acknowledged above, the Defendant committed a tort with C even though he is aware that the Defendant is a spouse, and as such, it is apparent in light of empirical rule that the Defendant was suffering from serious mental distress of the Plaintiff due to infringing or impeding the maintenance of the Plaintiff’s communal living. Therefore, the Plaintiff is

B. In light of the various circumstances revealed in the pleadings of the instant case, such as the scope of damages and the amount of consolation money, the period and family relationship of the Plaintiff and C, the degree of fraudulent act committed by the Defendant and C, the period and manner, and the impact of the Defendant’s fraudulent act on the marital life between the Plaintiff and C, it is reasonable to determine the amount of consolation money due to the Defendant’s illegal act as KRW 12 million.

C. Accordingly, the defendant is against the plaintiff.