1. The Defendants jointly share KRW 20,000,000 to the Plaintiff, and Defendant B from July 4, 2017 to Defendant C, and Defendant C from July 2017 to the Plaintiff.

Plaintiff’s assertion

The summary was that Defendant B was the husband of the Plaintiff, and Defendant C was the spouse of Defendant B.

Nevertheless, since October 2016, the Defendants committed unlawful acts such as having sexual intercourses while living together with others.

The above acts of the Defendants constitute tort.

Therefore, the Defendants are obligated to pay the Plaintiff the solatium amounting to KRW 50,000,00,000, and Defendant C jointly with Defendant B the amount of KRW 30,000,000 and each damages for delay.

Judgment

Husband and wife of a related law shall assume the duty of living together or the duty of maintaining a common life of both spouses, which shall not engage in any unlawful act, in good faith.

If one side of the married couple commits an unlawful act, the other side of the married couple shall be liable for damages caused by a tort against the mental suffering which the spouse has sustained.

On the other hand, a third party shall not interfere with a married couple's community life, which is the essence of marriage, such as interfering with a couple's community life by causing a failure of a couple's community life.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

As such, tort liability borne by either spouse and the third party is jointly and severally liable as joint tort liability.

(see, e.g., Supreme Court en banc Decision 2013Meu2441, May 29, 2015). The following facts can be acknowledged according to the respective entries, images, and the purport of the entire pleadings, of evidence Nos. 1 through 10 (including the number of pages).

1) On July 12, 2011, the Plaintiff married with Defendant B, and had one child (the 2011 son) among them while married with Defendant B.

On May 15, 2017, the Plaintiff is Defendant B.