A. The Plaintiff is a legal spouse who completed the marriage report on December 6, 201 with Nonparty C.

B. C, from November 2015 to April 2018, the Defendant served in D as the representative director.

As a spouse of the Plaintiff, the relationship between the Defendant and the Defendant is known through the revolving of the said company as a spouse of C.

C. From December 2017, the Defendant had inhumane relationship C with C.

【Ground for recognition” without any dispute, Gap's 1, 2, 3-1 through 3, Gap's 4, 5-1 and 5-2, 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, etc.). According to the aforementioned facts, the Defendant is liable for compensating the Plaintiff for mental damages, since C, even though having knowledge of the fact in a marital relationship with the Plaintiff, committed an unlawful act, thereby infringing on or interfering with the Plaintiff’s communal life, infringing on the Plaintiff’s right as the spouse, thereby causing mental distress to the Plaintiff.

(B) Although the defendant asserts that the marital relationship between the plaintiff and C had already been in the state of failure, it is insufficient to recognize it only by the descriptions of the evidence of Nos. 1 and 5.

The above evidence, Gap evidence 6, Gap evidence 7-1, 2, Gap evidence 8, 9, Gap evidence 10-1 through 3, the marriage period and family relation between the plaintiff and C, and the defendant.