1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from January 1, 2017 to July 11, 2019 to the Plaintiff.

1. Facts of recognition;

A. On June 29, 1987, the Plaintiff married with C on June 29, 1987, has two children who became adults.

B. Around 2016, the Defendant became aware of C in the “B period program for Busan D2 period,” and committed an unlawful act, such as giving C with a word knowing that C had his/her spouse while being aware of his/her spouse from the end of 2016 to May 2018, giving C with a monetary call, and lodging with a hotel, etc.

(hereinafter referred to as “instant wrongful act”). [Grounds for recognition] The fact that there is no dispute, each entry in Gap’s evidence Nos. 1 through 7 (including paper numbers), and the purport of the whole pleadings.

2. Determination

A. A husband and wife is liable to live together and support each other and cooperate (Article 826 of the Civil Act). Husband and wife has the duty to comprehensively cooperate and protect each other as a community which is mentally and physically combined with each other to maintain marriage as a common life of the husband and wife. As a matter of such duty to live together or maintain common life of the husband and wife, the husband and wife bears the sexual duty that should not engage in any unlawful act. If either husband and wife commits an unlawful act, either husband and wife is liable to compensate for mental distress suffered by the spouse. Meanwhile, a third party does not interfere with a common life of the husband and wife falling under the essence of the marriage by interfering with the other spouse’s common life by interfering with the other’s common life and causing the failure of the husband and wife’s common life. In principle, a third party’s act of infringing on or interfering with marital essence and the spouse’s right as the spouse and causing mental pain to the spouse by infringing on the spouse’s right as a common life (see, e.g., Supreme Court Decision 2015Da34134.).