Plaintiff

Husband and wife and the defendant couple have attended the same church for several years as they had a family member living together.

C and the Plaintiff were operating a household-related company.

The Defendant reported that the Defendant suffered economic difficulties, and the Plaintiff recommended C to employ the Defendant as an employee, and accordingly, the Defendant began to work as an employee of the Plaintiff’s husband and wife from July 2017.

From around that time, C and the defendant have developed into an internal relationship of sexual intercourse starting with the teaching system.

On September 2017, the Plaintiff became aware of the relationship between the Defendant and C, and C and the Defendant arranged the relationship around October 2017.

After the filing of the instant lawsuit, the Defendant’s husband brought a lawsuit against C to claim consolation money due to an unlawful act (this Court Decision 2017Kadan61), and C rendered a decision to recommend reconciliation on May 16, 2017, stating that the Defendant’s husband would pay KRW 10 million to the Defendant’s husband.

The plaintiff and C do not proceed with the divorce procedure.

[Ground of recognition] Unsatisfy, entry of Gap1-7 evidence, purport of whole pleadings

2. Determination

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). According to the above facts of recognition, the Defendant, while being aware that C is a spouse, conspired with each other.

This is an illegal act that infringes on the right of the plaintiff as the spouse and interferes with the maintenance of the marital life against the essence of the marriage.