C Around April 4, 2014, a lawsuit for divorce, etc. was filed against the Plaintiff on the grounds that the Daegu Family Court rendered a decision to dismiss the Plaintiff’s claim on September 17, 2015, and that C appealed appealed under Article 2015uu4641 of the Daegu Family Court, but the said court rendered a decision to dismiss the appeal on November 10, 2016, and the said judgment became final and conclusive on November 29, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including branch numbers if there are branch numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The plaintiff's assertion (1) The defendant, who is the plaintiff's spouse, committed an unlawful act from C and 2013, and the plaintiff suffered mental suffering.

Therefore, the defendant is obligated to pay 20,000,000 won to the plaintiff.

(2) The defendant's assertion (A) did not commit a fraudulent act with C or his spouse.

(B) The Defendant was aware that C was divorced.

(C) Around November 2013, the Defendant became aware of C, and the Plaintiff and C had become aware of C, before the Defendant becomes aware of C, so that the couple’s communal life has been substantially broken down and that it is impossible to recover.

Therefore, even if the defendant had met with C, telephone conversations, etc., it does not constitute a tort.

B. (1) Determination as to the occurrence of liability for damages on the market (A) The act of a third party, which infringes on or interferes with the common life of the married couple falling under the essence of marriage and infringes on the right of the spouse as the spouse, thereby causing mental pain to the spouse, constitutes a tort in principle.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015). “Cheating” in this context refers to married couple.