1. The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from January 11, 2020 to June 4, 2020.

1. Basic facts

A. On July 2, 2010, the Plaintiff and C have two children (two children, 2011, 2013, 2013) as legal married couple who completed a marriage report.

B. On November 2016, the Defendant: (a) came to know C through online hosting while leaving the Malaysia for a long time and staying there; (b) knew of the fact that C had a spouse; (c) made frequently contact with C with C, sharing daily life, dividing one’s pictures, and sending one’s photograph, etc. with knowledge of the fact that C had a spouse.

C. On February 2017, the Plaintiff reported the Handphone of C and came to know of the relationship between C and the Defendant. Even after the fact of such unlawful act was discovered, the Defendant continued contact with C by using the flaps of electricity, etc. from the early 2019 to the early 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, each fact inquiry results against the head of the Suwon Immigration Office of this Court, the purport of the whole pleadings

2. Determination

A. 1) In principle, a third party’s act of infringing on a couple’s communal life falling under the essence of marriage by committing an unlawful act with the husband and wife, interfering with the maintenance thereof, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). The term “unlawful act” in this context refers to a broad concept that includes adulterys and does not reach common sense, but includes any unlawful act that does not conform to the husband’s duty of good faith, and whether it constitutes an unlawful act shall be evaluated in consideration of the degree and circumstances of the specific case (see, e.g., Supreme Court Decisions 8Meu7, May 24, 198; 92Meu68, Nov. 10, 1992).