Of the judgment of the first instance, the part against the defendant exceeding the following order for payment shall be revoked, and such revocation shall be revoked.

1. Determination as to the cause of claim

A. The plaintiff's assertion that the defendant committed several acts with C, who is the plaintiff's wife, and found the plaintiff's house and was punished as a crime of intrusion upon residence.

Since the above act of the defendant constitutes a tort against the plaintiff and it is apparent that the plaintiff was suffering from mental suffering, the defendant is obliged to pay 70,000,000 won to the plaintiff as compensation for damages.

B. Facts of recognition 1) The plaintiff and C are the legal couple who reported marriage on September 20, 2004.

2) On November 2, 2018, the Defendant committed multiple acts with C around 2018, and C on November 2, 2018, the Plaintiff on November 2, 2018, “I, after this hour, waive not only divorce but also his/her children, without any doubt, in cases where I react with the Defendant with the Defendant as a result of this hour.”

Drafting a letter stating "......"

3) On November 16, 2018, the Defendant entered the Plaintiff’s house gate to take the front of the Plaintiff’s house gate and opened the front door several times. The Defendant was charged with intrusion upon residence due to such act and was issued a summary order of KRW 500,000 by Suwon District Court on February 20, 2019.

4) From the end of November 2018 to the beginning of December 2018, the Defendant sought an elementary school from which the Plaintiff’s daughters attend.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 10 (including branch numbers)

C. (1) Determination 1) In principle, a third party who is liable for damages by committing an unlawful act with the husband and wife, thereby infringing on or interfering with the common life of the husband and wife falling under the essence of marriage and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse, constitutes tort (see Supreme Court Decision 2011Meu 2997, Nov. 20, 201, etc.). According to the above recognition facts, the Defendant has a legal spouse with C.