1. The Defendant (Counterclaim Plaintiff) paid KRW 15,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from June 3, 2016 to August 23, 2017.

1. Determination on the main claim

A. 1) On June 8, 2004, the Plaintiff was legally married between C and C, and between the Plaintiff and C, two children and one dependent. 2) The Defendant and C came to know while travelling a tour guide work. The Plaintiff sent frequently a telephone call and text message from February 2, 2016 to April 2016. The Plaintiff and C had sexual intercourse between Japan and the Defendant’s home, etc.

3) The Plaintiff was aware of the non-wheeled fact of C and the Defendant, and was consulted on several occasions with respect to marital conflicts, etc. [Grounds for recognition] The evidence Nos. 1 through 11 (including virtual numbers), and the purport of the entire pleadings.

B. Determination 1) A third party who has a liability for damages may not interfere with a married couple’s communal living falling under the essence of marriage by intervening in a married couple’s communal living by causing the failure of the married couple’s communal living. A third party’s act of infringing on or impeding the maintenance of a married couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes a tort in principle (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the above findings of recognition, the Defendant committed an unlawful act with knowledge of a marital relationship with the Plaintiff, thereby interfering with the Plaintiff’s communal living or maintenance, thereby infringing on the Plaintiff’s right as the spouse, thereby causing mental distress to the Plaintiff. Accordingly, the Defendant is liable to compensate for emotional distress suffered by the Plaintiff. (2) The period and family relationship between the Plaintiff and C, the period and details of the Defendant’s unlawful act and marriage, the Defendant’s attitude, the amount of consolation amount as KRW 10000,500.

3. According to the theory of lawsuit, the defendant's damages amounting to KRW 15,000,000, and the plaintiff.