1. The Defendant’s KRW 10,000,000 as well as annual 5% from November 15, 2016 to June 28, 2017 to the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report with C on March 21, 2014, and there is no child among them.

B. From August 2016, the Defendant was aware of the fact that he/she was a spouse of C, and exchanged with C.

On September 16, 2016, the Plaintiff discovered the Defendant’s clothes, booms, etc. from the vehicle of C.

C. C requested a divorce to the Plaintiff on September 23, 2016, but the Plaintiff did not accept it, and the Plaintiff and C maintained a marital relationship by law until now.

[Ground of recognition] Unsatisfy, each entry or video of Gap evidence 1 to 5 (including branch numbers for those with a satisfy number) and the purport of whole pleadings

2. Occurrence of liability for damages;

A. If a third party commits an unlawful act with a party of the married couple, it constitutes a tort by infringing the rights of the husband or wife who is the other party to the case where the intention or negligence was committed, so long as there was an intentional or negligent act, it shall be deemed that the other party is obligated to suffer mental

(See Supreme Court Decision 2010Meu79 Decided September 9, 2010, etc.). In addition, “illegal act committed by a spouse” as a ground for judicial divorce under Article 840 subparag. 1 of the Civil Act is a larger concept that includes the adultery, and includes any unlawful act that does not reach the adultery, but does not faithfully fulfill the marital duty (see, e.g., Supreme Court Decision 2010Meu4095, Nov. 28, 2013). According to the above recognized facts, it is reasonable to deem that the Defendant committed an unlawful act with C even though he/she had a spouse, and as such, in light of the empirical rule, it is obvious that the Plaintiff suffered emotional distress from the Plaintiff, the Defendant has a duty to compensate for mental distress suffered by the Plaintiff in money.

B. As to this, the Defendant: “A is pending in a divorce lawsuit with the Plaintiff, and the relationship with the Plaintiff has already been terminated; the document arrangement remains.”