Around 2007, the Defendant became aware of C through the introduction of her friendship, and went to the house or the telecom, etc. from March 2010.

C transferred money from March 2010 to April 2016 to the Defendant under the name of living expenses, etc.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 4, and 5, and the purport of the whole pleadings

2. Determination

(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal 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.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015 (see, e.g., Supreme Court Decision 2013Meu2441). “Unlawful act committed by a spouse under Article 840 subparag. 1 of the Civil Act” includes a wider concept including a adultery, and includes any unlawful act that does not reach the common sense but does not faithfully fulfill the marital duty (see, e.g., Supreme Court Decision 88Meu7, May 24, 198). According to the foregoing facts, the Defendant committed an unlawful act, such as receiving money under the pretext of living expenses, etc., even though he/she is his/her spouse, thereby interfering with the infringement or maintenance of the Plaintiff’s community life and causing mental distress to the Plaintiff by infringing the Plaintiff’s rights as the spouse. As such, the Defendant’s above act constitutes a tort.

Therefore, the defendant is liable for compensating the plaintiff for mental damage caused by that.

B. The evidence revealed earlier before the scope of the liability for damages.