1. The Defendant (Counterclaim Plaintiff) paid KRW 3,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from December 27, 2017 to December 4, 2018.

The principal lawsuit and counterclaim shall be judged together.

Basic Facts

A. On October 7, 1996, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a legally married couple who completed a marriage report with C on October 7, 1996, and has two children under the chain.

B. Although the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) knew that he/she was the spouse of C, he/she took telephone conversations with C or received text messages from May 2014, and he/she was frequently and frequently taken place with C from August 2014. From October 2014 to October 2014, he/she took lessons with C, such as having sexual intercourse with C.

C. On October 12, 2015, the Plaintiff filed a lawsuit against the Defendant for damages against the unlawful act described in the foregoing Paragraph (b) (hereinafter referred to as “exclusive suit”) with this court, which became final and conclusive on June 25, 2016, following the closure of pleadings on May 4, 2016, by which “the Defendant shall pay the Plaintiff KRW 15 million,000,000, and the delay damages therefrom,” the said judgment was finalized on June 25, 2016.

【Judgment as to the claim of main claim for the purport of the entire pleadings, without any dispute, Gap 1, 2, and 3

A. The summary of the Plaintiff’s assertion is that the Defendant committed an unlawful act with C even after the date of closing argument in the prior suit, and thus, the Plaintiff should pay the amount stated in the purport of the claim as compensation for tort.

B. In our legal system that adopts the principle of statutory divorce, where there exists an agreement to establish a legally effective marriage, the legal spouse has the right to be protected from not only the married other party but also a third party, in accordance with the practice of marriage and the principle of good faith.

In addition, a third party shall not interfere with a couple's communal living which is the essence of the marriage, such as interfering with a couple's communal living by causing a failure of a couple's communal living.

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