The defendant is 5% per annum from June 9, 2020 to January 14, 2021 to the plaintiff.

1. On December 17, 2007, the Plaintiff and C have two children (the birth in 2009, 2012), who are legally married couple who completed a marriage report.

On July 2017, the Defendant, despite being aware of the existence of a spouse, maintained improper relations, such as repeating and hedging from around 2018, and engaging in sexual intercourses in the process.

[Reasons for Recognition] Unsatisfy, Gap's entries in Gap's Evidence Nos. 1, 2, 4, 5, 15, 16, 17, and 18, and the purport of the whole pleadings

2. Determination

A. 1) The act that a third party of the relevant legal principle infringes on a couple’s communal life falling under the essence of marriage or interferes with the maintenance thereof and infringes on the spouse’s right as the spouse and thereby inflict mental pain on the spouse by committing a tort in principle (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). The term “unlawful act” in this case is a broad concept that includes adultery, and it includes any and all unlawful acts that do not reach the couple’s emotional duty, but are not faithful to the husband’s emotional duty. Whether it constitutes an unlawful act or not shall be evaluated in consideration of the degree and circumstances depending on a specific case (see, e.g., Supreme Court Decisions 8Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). Thus, according to the Plaintiff’s mental suffering or the Plaintiff’s spouse’s right to life, the Defendant is aware of the infringement of the Plaintiff’s spouse’s right.

B. The scope of damages, the marriage period and family relation of the Plaintiff and C, the contents, duration and degree of fraudulent act, the impact of the Defendant’s improper act on the Plaintiff’s common life of both spouses, circumstances after the fraudulent act, and the Defendant