1. The Defendant’s KRW 3,00,000 as well as the Plaintiff’s annual rate of 5% from May 23, 2017 to May 15, 2019.

1. Facts of recognition;

A. The plaintiff (1978) is the husband of C (1979) and C who completed the marriage report on August 24, 2007, and two children (207, 2007, 2009) between the plaintiff and C.

B. The Plaintiff and C Husband and wife (hereinafter “Plaintiff and wife”) became aware of the Defendant at the parents group of their children.

C. Around November 2016, Defendant and C sent a large number of messages, such as “competing” and “I wish to report,” and sent a conversation with the contents of setting the time and place of the day.

On January 7, 2017, the Plaintiff was contacted by the Defendant’s wife as C and the Defendant’s incompetence.

E. Although the Plaintiff filed a divorce lawsuit against C with the Daegu Family Court No. 2017Ddan8847, the conciliation was concluded to the effect that the Plaintiff withdraws the divorce lawsuit, and the Plaintiff maintains a legal marital relationship with C until now.

[Ground of recognition] Facts without dispute, entry of No. 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. The legal principles pertaining to the occurrence of liability for damages are as follows: (a) husband and wife shall have the duty to cooperate and protect each other as a community combining mental, physical or economicly, so that they can maintain marriage as a marital community, and shall have the right to such a duty.

As such, as the content of the marital or marital life maintenance obligation, the married couple bears the sexual duty that should not commit any unlawful act.

The "Cheating" here is a broad concept, including the adultery, which does not reach the gap, but includes all unlawful acts that do not fulfill the duty of mutual assistance of the couple. If one of the married couple commits an unlawful act, the other spouse is liable to compensate for the mental suffering suffered by the spouse.

On the other hand, a third party also intervene in the marital life of another person.