1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The plaintiff is a legally married couple who completed the marriage report with C on October 14, 1993, and has two children.

B. On September 11, 2015, the Plaintiff filed a claim against the Defendant for damages on the ground of the Defendant’s wrongful act, and the conciliation was concluded on September 11, 2015, that “the Defendant shall pay the Plaintiff KRW 10 million for damages, and liquidate the relationship with C after September 3, 2015 (this court 2015 money852).” Accordingly, the Defendant was paid KRW 10 million for damages from the Defendant.

C. C around January 2016, 2016, and began to associate with the Defendant again, the Plaintiff demanded compensation again against C and the Defendant, and received KRW 100 million from the Defendant on three occasions from April 18, 2016 to May 31, 2016, and made an illegal act during the period from May 2016.

C has been separated from the Plaintiff from January 2016 to now, and it is believed that the Plaintiff received KRW 100 million on the condition that the Plaintiff would have harmed divorce or impliedly accepted the relationship between C and the Defendant in the future.

The Plaintiff received KRW 100 million and did not participate in the relationship with the Defendant C before filing the instant lawsuit.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Eul evidence 1-5, Eul evidence 1-5, the purport of the whole pleadings

2. Assertion and determination

A. On or after September 3, 2015, the Plaintiff’s assertion that the Defendant continued to maintain an inhumanity relationship even after promising to liquidate C and the inhumanity relationship, and continued to maintain the inhumanity relationship even though the Defendant promised to compensate for KRW 100 million even around May 2016, as well as to liquidate C and the inhumanity relationship.

As a result, since the marital relationship between the plaintiff and C has disappeared due to the misconduct between the defendant and C, and the plaintiff suffers from mental suffering, the defendant is liable to compensate for the damage.

B. The judgment of the third party infringes on a couple’s communal living which is equivalent to the nature of marriage by committing an unlawful act with one of the married couple.