1. The Defendant’s KRW 12,00,000 as well as 5% per annum from June 24, 2016 to November 25, 2016 to the Plaintiff.

1. The facts that the plaintiff and C are legally married couple who completed the marriage report on June 30, 2001, and that they have two children under the chain do not conflict between the parties.

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is that the Defendant committed unlawful acts, including the Plaintiff’s spouse C and C, and thereby, the marriage relationship between the Plaintiff and C has actually disappeared. Therefore, the Defendant is obligated to pay 30,000,000 won as consolation money and damages for delay due to the aforementioned unlawful acts to the Plaintiff.

B. Determination 1) The “illegal act of a spouse” under Article 840 subparag. 1 of the Civil Act includes a broad concept including a adultery and includes any unlawful act that does not reach the common sense, but does not faithfully fulfill the marital duty (see, e.g., Supreme Court Decision 2010Meu4095, Nov. 28, 2013). Whether a spouse is an unlawful act ought to be determined by considering the degree and circumstances of each specific case (see, e.g., Supreme Court Decision 92Meu68, Nov. 10, 192). In addition, the third party’s act of infringing on or impeding marital life falling under the essence of marriage and infringing on his/her spouse’s rights as his/her spouse, and thus, it constitutes a tort (see, e.g., Supreme Court en banc Decision 201Meu297, Nov. 20, 201; 2000Du197, Mar. 16, 2014).