1. The Defendant amounting to KRW 15 million to the Plaintiff and the Plaintiff’s annual rate of 5% from June 21, 2019 to December 13, 2019.

1. Basic facts

A. The Plaintiff and C are legally married couple who reported marriage on November 4, 2014.

B. From October 2015, the Defendant: (a) had been an associated with C before the Defendant had been aware that C is a son; and (b) has brought about the sex relationship with C with the knowledge that C is a son.

[Reasons for Recognition] Each entry of Gap evidence 1 to 8 (including each number), the purport of the whole pleadings

2. Determination:

A. A third party shall not interfere with a married couple’s communal living falling under the essence of the marriage by intervening in a couple’s communal living of another person and causing failure of the married couple’s communal living. Thus, a third party’s act of infringing on a married couple’s communal living falling under the essence of marriage by committing an unlawful act with one of the married couple, or interfering with its maintenance, and causing mental pain to the spouse by infringing on the right as the spouse’s right to it

(See Supreme Court Decision 2004Da1899 Decided May 13, 2005, and Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.) B.

On the other hand, the defendant committed a continuous illegal act with the plaintiff's husband C, which caused a serious mental suffering to the plaintiff by infringing on the plaintiff's common life or impeding the maintenance thereof. Thus, the above act of the defendant constitutes a tort.

Therefore, the defendant shall be liable for the mental damage suffered by the plaintiff.

C. We examine the amount of consolation money that the defendant should compensate.

Considering the overall circumstances revealed in the arguments in this case, such as the content, degree and duration of the unlawful act by the Defendant and C, marriage period between the Plaintiff and C, and the impact of the Defendant’s improper act on the Plaintiff’s husband’s common life and the Plaintiff, it is reasonable to determine the amount of consolation money that the Defendant is liable to compensate the Plaintiff as KRW 15 million.

Therefore, the defendant is liable to the plaintiff for consolation money of KRW 15 million and this case.