1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from October 29, 2019 to August 21, 2020, and the following.

1. Basic facts

A. On September 5, 1990, both the Plaintiff and C have reported their marriage on September 5, 199. 2) The Plaintiff and C have two children.

B. C and the Defendant’s wrongful act 1) C came to know of the Defendant, and have entered into an unlawful relationship with the Defendant for a long time from around 2006 to April 2019 (hereinafter “instant wrongful act”).

(2) The Defendant was aware of the fact that he had a spouse C.

[Reasons for Recognition] Unsatisfy Facts, each entry of Gap evidence 1 to 8 (including additional numbers), Eul's testimony, and the purport of whole pleadings

2. Existence of liability for damages

A. Husband and wife of the relevant legal doctrine is obligated to live together and support and cooperate with each other.

(Article 826 of the Civil Act). Husband and wife, as a community which is mentally or physically combined, shall have the obligation to cooperate comprehensively with one another in order to maintain marriage as a marital community, and shall have the right to such obligation.

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.

Accordingly, if one side of the married couple commits an unlawful act, it becomes a ground for judicial divorce pursuant to Article 840 of the Civil Code, and one of the married couple is liable for damages caused by a tort against mental suffering that the spouse suffered.

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.

Supreme Court Decision 201Da1448 delivered on May 13, 2005