1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from August 1, 2016 to November 14, 2019.

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on May 25, 1993 and have two children.

B. The Defendant maintained inappropriate relations, such as having sexual intercourse from around September 2012 to December 2012, 201, and from around B of 2016 to January 2019.

C. On January 28, 2019, the Plaintiff was aware of the inappropriate relationship with C and the Defendant’s sound, i.e., having been suffering from C’s error.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community life;

In principle, a third party's act of causing mental pain to the spouse by infringing on or interfering with a common life of the married couple falling under the essence of marriage and by infringing on the rights of the spouse by committing an unlawful act with the spouse shall constitute a tort.

(See Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). The Defendant committed an unlawful act with a woman C, thereby infringing on or interfering with the common life of the Plaintiff and C, thereby infringing on the Plaintiff’s spouse’s right as the spouse, thereby suffering mental pain on the Plaintiff.

The defendant is liable for compensating for mental damage suffered by the plaintiff.

B. When comprehensively considering the scope of liability for damages and the marriage period and family relationship between the Plaintiff and C, the period, content, degree of the Defendant’s improper act, and the impact of the Defendant’s improper act on the Plaintiff’s marital life, it is reasonable to determine the amount of consolation money as KRW 25,00,000.

C. According to the theory of lawsuit, the defendant is about the existence and scope of the defendant's duty of performance since August 1, 2016, which was sought by the plaintiff as a result of the tort against the plaintiff.