1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 31, 2017 to April 25, 2019.

Husband and wife shall live together, and have the obligation to support and cooperate with each other.

(Article 826 of the Civil Act). Husband and wife, as a community combining mentally and physically, shall have the duty to cooperate comprehensively between themselves in order to maintain marriage as a marital community by cooperating and protecting each other, and shall have the right to such obligation.

As such, as the content of the marital or marital life maintenance obligation, the married couple bears the sexual duty that should not commit any unlawful act.

If one side of the married couple commits an unlawful act, the other side of the married couple shall be liable for damages caused by a tort against the mental suffering which the spouse has sustained.

On the other hand, a third party shall not interfere with a married couple’s community life, which is the essence of the 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 infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015). In light of the aforementioned legal principles, the health care unit for the instant case; the Plaintiff married with C on March 3, 1993; the Defendant, after becoming aware of C around 2014, committed an unlawful act, including a sexual intercourse with C with C while being aware of the marital relationship with C, while having married with C, there is no dispute between the parties. Accordingly, according to the above facts of recognition, the Defendant was aware that C was in a marital relationship with the Plaintiff, thereby infringing upon or interfering with the Plaintiff’s community life and infringing upon the Plaintiff’s right as his spouse; thus, the Defendant is liable to compensate for damages for mental suffering suffered by the Plaintiff.

Furthermore, the plaintiff and C.