1. The Defendant: (a) KRW 15 million to the Plaintiff; and (b) 5% per annum from November 1, 2016 to June 12, 2019 to the Plaintiff.

Facts of recognition

The plaintiff is a legally married couple who completed a marriage report with C on November 7, 2008, and has one child born in 2011.

On 2015, the Defendant came to know of the police officer C, and maintained the illegal relationship with C by knowing his/her spouse, such as teaching and having sexual intercourse, from the middle of 2016.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 6 (including additional numbers), Eul evidence Nos. 1 and Eul evidence Nos. 1, and the purport of the whole pleadings, the couple of the parties who are liable to compensate for damages shall live together and cooperate with each other.

(Article 826 of the Civil Act). Husband and wife, as a community in which mental, physical, or economic combination is achieved, shall have the duty to cooperate and protect each other in a comprehensive manner so that marriage as a marital community is maintained, and shall have the right to such a duty.

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.

The "Cheating" here is a broad concept, including the adultery, which does not reach the gap, but includes all unlawful acts that do not fulfill the duty of mutual assistance of the couple. If one of the married couple commits an unlawful act, the other spouse is liable to compensate for the mental suffering suffered by the spouse.

On the other hand, a third party shall not interfere with a married couple’s community life, which is the essence of the marriage, such as interfering with a couple’s community life by interfering with another person’s community life.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

Supreme Court Decision 2013Meu2441 Decided May 29, 2015 and Supreme Court Decision 201Meu28 Decided May 29, 2018.