The defendant's KRW 15,00,000 and its relation to the plaintiff shall be 5% per annum from May 19, 2020 to March 4, 2021.

1. Basic facts

A. On June 27, 1991, the Plaintiff reported the marriage between C and C, and two children between C and C.

B. C and the Defendant, who was an elementary school, was aware of the fact that he/she was his/her spouse from October 2019 to March 2020, and contacted with C in a private way, such as contact or communication with C.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 8 (including each number, if any) 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 husband and wife, 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, thereby causing mental pain to the spouse, constitutes a tort (see Supreme Court Decision 201Meu297, Nov. 20, 201). Meanwhile, it constitutes an unlawful act under Article 840 subparag. 1 of the Civil Act.

The term “spouse” includes all acts that are not faithful to the duty of good faith as a spouse and whether it is a broad concept rather than so-called “illegal act” ought to be evaluated in consideration of the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decision 92Meu68, Nov. 10, 1992). According to the above acknowledged facts, the defendant, knowing that he had a spouse, committed an unlawful act with C with C, thereby infringing upon the rights of the plaintiff’s spouse by infringing upon or interfering with the common life of the plaintiff and C, and thereby infringing upon the plaintiff’s right as the plaintiff’s spouse. Accordingly, the defendant is liable to compensate for mental damages suffered by the plaintiff.

B. Considering the various circumstances revealed in the pleading process of the instant case, such as the scope of damages and the marriage period and family relationship between the Plaintiff and C, the period and degree of fraudulent act between the Defendant and C, the degree of suffering suffered by the Plaintiff due to the Defendant’s fraudulent act, and the impact on the marital life of both spouses