1. The Defendant: (a) KRW 10,00,000 and the Plaintiff’s annual rate of KRW 5% from October 20, 2016 to October 20, 2017; and (b) October 21, 2017.

1. Basic facts

A. The Plaintiff and C are legally married couple who completed the marriage report on November 18, 1992, and have one son (D) and two son (E students and F children) under the chain.

B. On August 26, 2016, around 21:30 on August 26, 2016, the Defendant was accommodated with “Hel”, an unmanned telecom, located in Gunsan-si.

[Reasons for Recognition] Facts without a partial dispute, entry of Eul evidence 1-2, 3, 5, and 6, fact-finding with the chief of the military police station of this court, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant, despite being aware of the Plaintiff’s spouse’s existence, caused the Plaintiff’s de facto failure of the marriage by entering C and her mother to commit an unlawful act, etc.

Therefore, the defendant is liable for damages sustained by the plaintiff due to such tort.

B. The Defendant, with the knowledge that the marital relationship between the Defendant C and the Plaintiff was already broken down, was established with C, and the marriage between the Plaintiff and C does not lead to the failure of the marriage between the Defendant and C.

3. Determination

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

(Article 826 of the Civil Act). Husband and wife, as a community combining mentally and physically, shall have the duty to cooperate comprehensively between themselves in order to maintain marriage as a marital community by cooperating and protecting each other, and shall have the right to such obligation.

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.

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.

A third party shall not interfere with a married couple's communal living falling under the nature of marriage, such as interfering with a couple's communal living by interfering with another person's communal living.

The essence of marriage is the third party by committing a fraudulent act with either side of the married couple.