1. The Defendant’s KRW 50,000,000 as well as 5% per annum from November 22, 2016 to November 16, 2017 to the Plaintiff.

1. Facts of recognition;

A. The plaintiff is a legally married couple who completed the marriage report with C on May 19, 1984 and has two children under the chain.

B. After the Defendant first became aware of around September 2012 with C, on October 25, 2012, the Defendant entered into a sex relationship with the U.S.A., with C, and was in alliance with C around that time.

The Defendant and C engaged in a restaurant with the trade name “E” from June 2013 to October 2016, while maintaining an internal relationship.

The defendant was aware of the fact that he had a spouse from the time when he first became aware of C and C.

C. The plaintiff maintains a matrimonial relationship with C until now.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 10 evidence, Eul evidence 1 through 13, 19, 21 through 26, 29 through 45 (including the branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the cause of action

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

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the facts recognized earlier, the Defendant committed an unlawful act, such as having a sexual intercourse with C, knowing that C is married and having a spouse. This constitutes a tort committed by infringing upon or interfering with common life of the married couple falling under the essence of marriage and infringing on the Plaintiff’s right as the spouse, thereby causing mental pain to the Plaintiff.

Therefore, the defendant is liable for the mental damage suffered by the plaintiff due to an illegal act in money.

As to this, the defendant has not been in a marital relationship with the plaintiff since C and the defendant had not been in a marital relationship with C since they had not been in a common life of the plaintiff or the defendant.