1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 26, 2019 to May 7, 2020.

1. The Plaintiff and C are legally married couple who completed the marriage report on June 3, 2013.

In 2018, the Defendant came to know C in the process of finding up goods among customers at a car page operated by himself/herself. From around that time to February 2, 2019, C knew that he/she is a legally spouse, and maintained an inappropriate relationship, such as personal intercourse and sexual intercourse at a hotel, even though C was aware that he/she is a legally spouse.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. Determination

A. 1) 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 spouse’s right as the spouse by committing an unlawful act with the spouse, thereby causing mental pain to the spouse, constitutes tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). The term “unlawful act” in this case is a broad concept that includes adulterys and does not reach the adultery, but includes any unlawful act that does not conform to the husband’s emotional duty. Whether it constitutes an unlawful act or not shall be evaluated in consideration of the degree and circumstances of the specific case (see, e.g., Supreme Court Decisions 8Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). According to the above recognized facts, the Defendant, even though being aware of the spouse’s emotional distress or interfere with the spouse’s right to the Plaintiff’s emotional distress and thereby maintaining the Plaintiff’s right.

B. The scope of damages and the period of marriage and family relationship of the Plaintiff and C, the contents, period and degree of fraudulent act, the defendant's improper act has the influence on the Plaintiff's common life of both spouses, and the