The defendant's KRW 15,00,000 and its relation to the plaintiff shall be 5% per annum from September 29, 2020 to February 4, 2021.

1. Basic facts

A. On September 26, 2013, the Plaintiff has two minor children among the husband and wife who reported marriage with C, and the two children.

B. On August 5, 2020, the Plaintiff discovered a telephone record and a telephone recording file with the Defendant from the mobile phone of C on August 5, 2020, and the said telephone recording file contains a statement that C wishes to have a telephone call with the Defendant while frequently communicating with the Defendant from May 2020 to August 5, 202.

[Ground of recognition] Unsatisfy, Gap's entries or voices, and the purport of whole pleadings

2. Determination

(a) A third party who has a liability for damages shall not interfere with a married couple’s communal living falling under the nature of marriage, such as interfering with a married couple’s communal living by causing a failure of the married couple’s communal living;

In principle, a third party’s act of infringing on or interfering with the common life of the couple falling under the essence of marriage by committing an unlawful act with the spouse and infringing on the spouse’s rights as the spouse (see Supreme Court Decision 201Meu2997, Nov. 20, 2014). In this case, “illegal act” is a broad concept that includes adulterys, but does not reach common sense, includes any unlawful act that does not follow the husband’s duty of good faith, and it shall be evaluated in consideration of the degree and circumstances depending on specific cases, which are not illegal act (see Supreme Court Decisions 8Meu7, May 24, 198; 92Meu68, Nov. 10, 192; 200). According to the above recognized facts, the defendant, despite being aware of the spouse’s mental suffering, has infringed on the spouse’s right to the Plaintiff’s common life or has interfere with the Plaintiff’s mental suffering and thereby has maintained the nature of the spouse’s right to life.