1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate of 5% from April 8, 2019 to January 6, 2020, and the following.

1. Basic facts

A. The Plaintiff married with C on May 25, 1998, and sleeped with C, 200 and 2002 children.

B. From September 2017, the Defendant became aware of C as an instructor at a university where C was a professor and became aware of C from that time, and committed unlawful acts, such as having sexual intercourse, even though C was aware of his/her spouse.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 8 (including each number), the purport of the whole pleadings

2. Determination

A. 1) The obligation to maintain a marriage as a common life of a married couple is basically assumed by both spouses. However, a third party shall not interfere with a common life of a married couple falling under the essence of the marriage, such as intervention in a common life of a married couple, causing the failure of the married couple. As the content of the obligation to maintain a common life of a married couple, the married couple bears the sexual duty of care not to engage in an unlawful act among the married couple, and has the right to it. The third party's act of infringing on the common life of a married couple falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes a tort (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above recognized facts, the defendant, knowing that he/she has a spouse, thereby infringing upon the spouse's common life of the Plaintiff and C, thereby infringing upon the Plaintiff's right to mental suffering.

As to this, the defendant himself is about C.