1. The Defendant’s KRW 16,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 31, 2019 to November 13, 2019, and the following.

1. Facts of recognition;

A. The plaintiff is married with C on August 14, 2002 and has one child among them.

B. Around October 2017, the Defendant came to know C while working in the NGO organization “D” as the head of the permanent residence of the above organization, and thereafter maintained an inappropriate relationship with C by knowing C’s spouse by June 2019.

C. Meanwhile, the Plaintiff maintained a marital relationship with C until the date of the closing of the argument in this case.

[Based on recognition] The descriptions of Gap evidence 1-1, 2, 3, Gap evidence 2, Gap evidence 3-1 to 15, and the purport of the whole pleadings

2. Determination

A. In principle, a third party who has a liability for damages, by committing an unlawful act with the spouse, thereby infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse, constitutes a tort in principle (Supreme Court en banc Decision 2011Meu2997 Decided November 20, 201). Accordingly, the third party has a duty to suffer mental pain inflicted upon the spouse.

"Cheating" refers to a broad concept including livers, which does not reach the common sense, but includes all unlawful acts that are not faithful to the duty of mutual assistance of both spouses, and whether it is an unlawful act or not shall be evaluated in consideration of the degree and circumstances of the specific case.

(See Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.). According to the above facts, the defendant has maintained an inappropriate relationship with C even though he is aware that he is a spouse of C. Thus, the defendant committed an unlawful act with C, thereby infringing upon the plaintiff's community life or interfering with the maintenance thereof, and infringing the plaintiff's spouse's right as his spouse. Thus, the defendant is suffering from mental suffering suffered by the plaintiff.