A. The Plaintiff’s assertion and C are legally married couple who completed the marriage report on October 4, 2010.

The Defendant knowingly committed an unlawful act, such as having sexual intercourse with C from December 2, 2015 to February 2016, with the knowledge of the marriage of C.

As a result, the plaintiff suffered from mental suffering, the defendant is obligated to pay consolation money of KRW 50,000,000 and delay damages to the plaintiff.

B. Determination 1) Husband and wife has the duty to live together and support and cooperate with each other (Article 826 of the Civil Act). Husband and wife has the duty to cooperate and protect each other as a community which is mentally or physically combined with each other so as to maintain marriage as a common life, and has the right to such duty. As such, either husband and wife has the duty to live together or maintain common life of both husband and wife, which should not engage in any unlawful act. Accordingly, in a case where either husband and wife has committed an unlawful act, it becomes a ground for judicial divorce pursuant to Article 840 of the Civil Act, and either husband and wife has the duty to compensate for mental suffering suffered to their spouse. Meanwhile, a third party does not interfere with a common life of both husband and wife equivalent to the essence of marriage by participating in a common life of others. The third party’s act infringing on the essence of marital life or interfere with maintenance thereof, and infringes on the spouse’s right as the spouse, as a matter of principle, constitutes tort as to health and hygiene (see, e.g., Supreme Court en banc Decision 2014Da1014.).