1. The Defendant’s KRW 12,00,000 as well as the Plaintiff’s annual rate from April 7, 2016 to September 28, 2016, and the following.

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on October 25, 2001.

B. From September 2015, C had sexual intercourse with the Defendant working in the same licensed real estate agent’s office, and the Plaintiff became aware of the fact on October 6, 2015.

C. By February 25, 2016, the Defendant maintained the relationship with C by continuing to talk with C and making telephone conversations with C, etc.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Determination

(a) Husband and wife of a liability for damages shall live together and have the duty to support and cooperate with each other;

(Article 826 of the Civil Act). Husband and wife, as a community in which mental, physical, or economic combination is achieved, shall have the duty to cooperate and protect each other in a comprehensive manner so that marriage as a marital community is maintained, and shall have the right to such a duty.

As such, as the duty of living together or the duty of maintaining common life of both spouses and wife, married couple assume the sexual duty of care that they should not engage in any unlawful act.

If one side of the married couple commits an unlawful act, the other side of the married couple shall be liable for damages caused by a tort against the mental suffering which the spouse has sustained.

On the other hand, a third party shall not interfere with a married couple’s community life, which is the essence of the marriage, by intervening in a marital community of another person and causing the failure of the marital community.

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 the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the above findings, the Defendant knew that he/she had a spouse C.