A. On November 23, 1992, the Plaintiff is a legally married couple who has completed the marriage report with Nonparty C and two children among them.

B. Since around 2008, the Defendant became aware of C while serving in a restaurant operated by C, it became close to divide various private dialogues and concerns in addition to restaurant work with C, and even after being aware that C is a spouse, the Defendant maintained the illegal relationship with C by drinking at the time of the new wall with knowledge that C is a spouse.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5, 9 through 11, and purport of the whole pleadings

2. Determination

A. A third party who has a liability for damages shall not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of another person and causing a failure of the couple’s communal living. The third party’s act of infringing a couple’s communal living falling under the essence of marriage or interfering with maintenance thereof and infringing a spouse’s right as the spouse, in principle, constitutes tort.

(See Supreme Court Decision 201Meu2997 Decided November 20, 2014 (see, e.g., Supreme Court Decision 2011Meu2997). Meanwhile, “illegal act of a spouse” is a broad concept that includes a adultery and does not reach a common sense, but includes any unlawful act that does not faithfully fulfill the marital duty of the husband and wife, and whether it is an unlawful act or not should be evaluated in consideration of the degree and circumstances depending on the specific case.

(See Supreme Court Decision 87Meu5, 87Meu6, May 26, 1987). With respect to this case, the health care unit and the defendant committed unlawful acts, such as maintaining a reasonable period of time with the Plaintiff’s husband C, which is the Plaintiff’s husband, and thereby, thereby causing mental pain to the Plaintiff by infringing on the Plaintiff’s community life or interfering with the maintenance thereof, and infringing on the Plaintiff’s spouse’s right as the spouse.