A. The Plaintiff is a legally married couple who completed the marriage report with C on January 22, 2008, and there are two minor children (each of the nine years of age, four years of age as of the closing date of pleadings) among them.

B. In light of the images presented by evidence, such as having a sexual intercourse between D and the Plaintiff, the Defendant, with knowledge that he/she was married, deeming that he/she committed an unlawful act, such as sexual intercourse, beyond a simple teaching relationship, is in accord with the common sense and the empirical rule, and the Defendant does not dispute this.

Cheating were committed.

[Ground of recognition] Unsatisfy, each entry and video (including a serial number), the purport of the whole pleadings

2. Determination

A. Illegal act in the occurrence of liability for damages includes any act that is not faithful to the duty of good faith as a spouse, and whether it is an unlawful act as a broad concept rather than a so-called simple one should be evaluated in consideration of the degree and circumstances depending on each specific case.

(See Supreme Court Decision 92Meu68 delivered on November 10, 1992). Meanwhile, a third party’s act of infringing on or interfering with a couple’s community life falling under the essence of marriage and infringing on a spouse’s right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes tort.

(see Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). According to the health stand in the instant case, according to the facts acknowledged earlier, it is reasonable to evaluate that C committed an unlawful act, such as continuing to reach and keep in the family with the Defendant, while having sexual intercourse with the Defendant. Since it is apparent in light of the empirical rule that the Plaintiff suffered considerable mental pain due to the Defendant’s participation in C’s unlawful act, the Defendant is obliged to pay for the mental suffering suffered by the Plaintiff in money.

B. As seen earlier, the scope of liability for damages is examined.