1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from August 26, 2014 to August 17, 2015.

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on June 3, 200, and have two children between them.

B. Around November 2013, the Defendant first developed C as a relationship with a person with a knowledge of the existence of his spouse, and thereafter continued to reach her maturity.

C. The Defendant committed unlawful acts, such as attempting to travel together with C, domestic and foreign countries, and sexual intercourse.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 14, Gap evidence 18, 19, 22, and 23 (including each number), each of the statements, images, and the purport of the whole pleadings

2. Determination

(a) The husband or wife of a liability for damages shall be liable to live together and provide mutual support and cooperation; and

(Article 826 of the Civil Act). Husband and wife, as a community combining mentally and physically, shall have the duty to cooperate comprehensively between themselves in order to maintain marriage as a marital community by cooperating and protecting each other, and shall have the right to such obligation.

As such, as the content of the marital or marital life maintenance obligation, the married couple bears the sexual duty that should not commit any unlawful act.

Accordingly, if one side of the married couple commits an unlawful act, it becomes a ground for judicial divorce pursuant to Article 840 of the Civil Code, and one of the married couple is liable for damages caused by a tort against mental suffering that the spouse suffered.

On the other hand, a third party shall not interfere with a married couple’s community life, which is the essence of the marriage, by intervening in a marital community of another person and causing the failure of the marital community.

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

Supreme Court on November 20, 2014