1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from June 15, 2017 to September 13, 2017.

1. Facts of recognition;

A. The plaintiff and C are legal couple who completed the marriage report on January 20, 1999.

B. From the end of November 2016 to April 5, 2017, the Defendant received gifts from C or took a sexual intercourse with C, etc.

C. On April 14, 2017, C prepared a letter (Evidence 6 of the A) stating that the Plaintiff was aware of an inappropriate relationship, including the sexual intercourse, with the Defendant, from the end of November 2016 until April 5, 2017, and that he/she again promised not to meet with the Defendant (Evidence 6 of the A).

On April 24, 2017, the Defendant also prepared a letter to the Plaintiff on April 24, 2017, stating that the Plaintiff was aware of the inappropriate relationship including C and sexual intercourse, and on April 5, 2017, the Plaintiff was aware of the fact that the sexual intercourse was committed between C and the unmanned telecom, promising not to meet with C, and, in the event of the violation, providing for a letter to the effect that the family would be informed of the violation.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 1 and 4, the purport of the whole pleadings

2. Determination

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). As seen earlier, the Defendant committed an unlawful act including a sexual intercourse with C even though he/she is aware that he/she is a spouse of C, and such an act constitutes an act infringing upon the right of the Plaintiff’s spouse and interfering with the maintenance of a marital life, which falls under the essence of marriage.

Therefore, the defendant has a duty to do so in monetary reward for mental suffering suffered by the plaintiff.

B. The Defendant is liable to compensate for damages.