1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from February 15, 2018 to September 28, 2018.

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on June 28, 1995, and have children under the sleep.

나. 피고는 C이 혼인하여 배우자가 있는 사실을 알았음에도, 2017. 9. 28. 23:26경 혼자 사는 자신의 오피스텔로 C을 불러들여 함께 하룻밤을 보내고, 2017. 9.경부터 2017. 12.경까지 혼자 거주하는 C의 오피스텔을 수십 회에 걸쳐 드나들면서 C과 만남을 가져왔다.

[Ground of recognition] The facts without dispute, Gap's evidence 1 through 3, 5 through 7, Gap's evidence 15, 16-1, 2, and Gap's evidence 17, and the result of the fact inquiry to the management office of Dtel, the purport of the whole pleadings and arguments

2. Determination on the main claim

(a) 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 in which mental, physical, or economic combination is achieved, shall have the duty to cooperate and protect each other in a comprehensive manner so that marriage as a marital community is maintained, and shall have the right to such a duty.

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.

The "Cheating" here is a broad concept, including the adultery, which does not reach the gap, but includes all unlawful acts that do not fulfill the duty of mutual assistance of the couple. If one of the married couple commits an unlawful act, the other spouse is liable to compensate for the mental suffering suffered by the spouse.

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.

A third party who commits an unlawful act with one side of the married couple, thereby infringing on or impeding the maintenance of common life of the married couple corresponding to the essence of marriage.