1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 31, 2015 to July 20, 2016.

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on February 13, 1989.

B. On August 2015, the Defendant began with C around August 2015, and even with knowledge that C has a spouse, the Defendant maintained living together from November 2015.

[Ground of recognition] Facts without dispute, partial descriptions or images of Gap 1-8, 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 shall have the duty to cooperate comprehensively between themselves in order to maintain marriage as a marital community by cooperating and protecting each other as a community which is a mentally or physically combined community. They 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.

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). In light of the foregoing legal doctrine, the health unit as to the instant case, and according to the facts recognized earlier, the Defendant committed an unlawful act, such as living together with C, knowing that C is a spouse.