1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate of KRW 5% from April 15, 2016 to April 25, 2017.

1. Facts of recognition;

A. On July 5, 1990, the Plaintiff has two children as a legal couple who completed the marriage report with C on July 5, 1990.

B. The plaintiff couple and the defendant have operated their business for a long time in the same market.

다. 피고와 C는 서로 “서방님”, “자기”, “내 여자”로 호칭하며, “골방에 내 여자나 안고 가서 뒹굴고 놀아야겠다”, “얼마나 세게 안고 놀았는지 아무래도 팔이 빠진 것 같아”, “꼭 안아야 자기와 교감을 느껴”, “자기야 보고 싶다”, “뽀뽀”, “내 여자 예쁘다”, “사랑해 자기야” 등의 내용이 포함된 카카오톡 메시지를 주고받는 등의 행위를 지속하였다

(On the other hand, C stored the defendant's name in his mobile phone as D).

The plaintiff, who became aware of this, filed and withdrawn a divorce lawsuit against C, and at present C is pending a divorce lawsuit against the plaintiff.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Gap 7 and 8 evidence (including paper numbers), the purport of the whole pleadings

2. Determination:

(a) A third party shall not interfere with a married couple's community life falling under the essence of marriage, such as interfering with a couple's community life by causing a failure of a married couple's community;

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.

(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). Meanwhile, the term “illegal act by a spouse” includes a broad concept, including the adultery, that does not reach a common sense, but does not follow the husband’s duty of mutual assistance, includes any unlawful act, and whether it constitutes an unlawful act is included in each specific case.