1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of 5% from October 20, 2018 to August 13, 2019, and the following.

Facts of recognition

On June 11, 2002, the plaintiff has 2 South and North her husband and wife under the law as married couple.

The defendant, who is between C and elementary school and middle school, was aware that C has a spouse, committed a fraudulent act from 2014 to the recent years by having a sexual relationship with C.

On May 10, 2018, the plaintiff was issued a written confirmation of the intention of divorce with C in the case of permanent residence branch court in the Daegu District Court, and the plaintiff still maintains a marital relationship with C without filing a report of divorce.

【In the absence of any dispute, a third party who has a liability to compensate for damages arising from a judgment of the purport of the whole pleadings and arguments, shall not interfere with a married couple’s communal living falling under the essence of the marriage, such as intervention in a married couple’s communal living, causing the failure of the married couple’s communal living.

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(Supreme Court Decision 2013Meu2441 Decided May 29, 2015). According to the above facts, it is reasonable to deem that the Defendant committed an unlawful act with knowledge that he/she is a spouse C, thereby infringing upon the Plaintiff’s community life or interfering with the maintenance thereof, and thereby causing serious mental pain to the Plaintiff. Therefore, the Defendant is liable to compensate the Plaintiff for mental damage caused by such unlawful act.

With respect to the amount of consolation money that the defendant is liable to compensate, the arguments of this case, such as health team, the period of marriage and family relationship between the plaintiff and C, the contents, degree and period of the misconduct between the defendant and C, the impact of the misconduct on the plaintiff's marital life, the defendant's contribution to the misconduct, and the defendant's attitude after the misconduct, etc