1. The Defendant’s KRW 20,000,000 and the Plaintiff’s annual rate of KRW 5% from February 19, 2019 to September 5, 2019.

1. Basic facts

A. On October 21, 1994, the Plaintiff and two children are legally married couple who completed the marriage report.

B. The Defendant came to know of the Plaintiff and C living in the same apartment from around 2014, and even with knowledge that C was the father-Nam, maintained the unlawful relationship with D, such as having sexual intercourse from around December 2016 to November 2017.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 28, Eul evidence Nos. 1 through 19 (including serial numbers) and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person'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.

(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). “Cheating” in this context refers to a broad concept, including the adultery, which does not reach a common sense but does not faithfully fulfill the duty of mutual assistance of both spouses, includes any unlawful act. Whether it is an unlawful act or not ought to be evaluated in consideration of the degree and circumstances of the specific case.

(see, e.g., Supreme Court Decisions 88Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). According to the above facts of recognition, the defendant committed an unlawful act despite being aware that C is a spouse. Since the defendant's act is deemed to infringe upon the plaintiff's marital relationship or interfere with the maintenance thereof, the defendant has a duty to compensate for mental suffering suffered by the plaintiff in money.

B. Illegal act between the defendant and C within the scope of liability for damages.