1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from January 26, 2019 to July 14, 2020 to the Plaintiff.

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on January 22, 2003, and have two minor children (2003, 2005 children) between them.

B. From January 26, 2019, the Defendant committed unlawful acts, such as engaging in sexual intercourses with C while knowing that C, which became aware of as a business partner, is a legally spouse.

C. On February 2019, the Defendant committed an unlawful act, such as exchanging with C while communicating with C until February 2020, even after the commission of the said unlawful act to the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap’s 1 through 3, 5 through 7, and the purport of whole pleading

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 or interfering with the maintenance thereof and infringing on a spouse’s right as a spouse by committing an unlawful act with the spouse, thereby infringing on the spouse’s right, thereby constituting tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). 2) According to the above acknowledged facts, the Defendant is liable to compensate for emotional distress inflicted upon the Plaintiff, in principle, by committing an unlawful act with C even though he/she is aware that he/she is a spouse, thereby infringing on the Plaintiff’s communal life with C or interfering with the maintenance thereof and infringing on the Plaintiff’s right as the spouse.

3. As to this, the defendant asserts that there is no causal relationship between the defendant's improper act and the damage suffered by the plaintiff, since the plaintiff's marital relationship with the plaintiff had already reached a failure at the time of the defendant's associate relationship

However, the evidence presented by the defendant alone is insufficient to acknowledge the above assertion, and there is no other evidence to prove it, and the defendant's above assertion is not acceptable.

B. The scope of damages and the marriage period and family relationship between the Plaintiff and C, and the Defendant and C’s wrongful act.