1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from May 4, 2016 to January 13, 2017.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The plaintiff is a married couple who completed the marriage report on February 7, 2006.

B. Since January 2016, C and the Defendant frequently met at the hospital operated by C from the middle school building to the middle school building.

C. On February 26, 2016, the Plaintiff attached a recording device to the vehicle accompanying C as suspected of having committed unlawful acts, and recorded a recording of the Defendant’s conversations with telephone as to physical relationship, etc. by referring C to “oin” in the above vehicle.

[Ground of recognition] Facts without dispute, Gap evidence No. 1 and Gap evidence No. 3 (the defendant's transcript No. 3 is written by the plaintiff's recording of unlawful recording without the defendant's consent, and thus, it is inadmissible as evidence. However, under the Civil Procedure Act of Korea which adopts the principle of free evaluation of evidence, the recording tape or the recording of recording with the other party's recording of conversations with the other party among the other party's land cannot be concluded to have no admissibility of evidence. Whether to grant evidence belongs to the discretion of the fact-finding court, and the defendant's above argument is without merit)'s whole statement

2. Determination as to the claim on the principal lawsuit

(a) A third party shall not interfere with a married couple’s communal living which is the essence of the marriage, such as interfering with a couple’s communal living by causing a failure of a married couple’s communal living;

In principle, a third party's act of infringing on or impeding the maintenance of a marital life corresponding to the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse's right as the spouse, constitutes a tort in principle, and the "illegal act" under Article 840 (1) of the Civil Act is a broad concept including any unlawful act that is deemed not to be faithful to the marital duty even if it did not reach the common sense.