1. Upon receiving the counterclaim claim filed at the court of the first instance, the Plaintiff (Counterclaim Defendant) is entitled to KRW 5,00,000,000 against the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. The plaintiff and C have been married on April 16, 1988 and two children under their chain.

B. The Defendant came to know with C around April 2013, and committed unlawful acts, such as establishing a sexual intercourse with C, etc. around that time, and became aware that the Plaintiff was aware of the occurrence of the foregoing offense. However, up to September 2015, the Defendant continued to commit such unlawful acts with C until September 2015, and received KRW 120 million from C during the period during which the non-wheeled relationship continues to exist.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10 (if there are provisional numbers, including each number; hereinafter the same shall apply), Eul evidence Nos. 6 and 7, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The plaintiff's assertion that the defendant committed a tort against the plaintiff while knowing that the defendant had a spouse C while continuing to commit a non-wheeled relationship.

Therefore, the defendant is liable to pay consolation money and damages for delay to the plaintiff as compensation for mental damage.

B. Determination 1 on the cause of a claim) The act of a third party who is liable for damages, by committing an unlawful act with the spouse, infringing on a couple’s communal life falling under the essence of marriage, interfering with the maintenance thereof, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse constitutes a tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). When considering the aforementioned facts acknowledged in light of the legal principles as seen earlier, the Defendant committed a tort against the Plaintiff by maintaining inhuman relationship, such as sexual intercourse with C, even though he/she is aware that he/she is the spouse, and it is obvious in light of the empirical rule that the Plaintiff suffered severe mental distress due to such an act, and thus, the Defendant is jointly and severally liable to pay consolation money to the Plaintiff as compensation for such mental damage.2)