A. The Plaintiff and C are the legal couple who reported marriage on June 25, 2014, and have one child between them.

B. On August 2017, C and the Defendant divided the dialogue between the Defendant and C in the middle of the year 2017, “Slice C and D message,” which read “Slice C and D message.”

Although the Defendant denies this, upon examining the evidence No. 2 (Recording), the Plaintiff asked questions as “the case or the following case”, and the Defendant’s answer as “the case or the following case” is known.

C. On July 15, 2018, the Plaintiff appeared to witness the Defendant’s home together with C at around 5:00 new walls.

At the time, the Plaintiff observed the Defendant’s appearance in the open space due to the string of door, and subsequently responded to the Plaintiff’s command that “The Defendant, who was in the dwelling, was first in the house and was in the outside of the house,” and that “at the same time in the house, was forgotten, and was infinite.”

2. Judgment on the parties' arguments

A. Husband and wife of legal principles are obliged to live together and support and cooperate with each other (Article 826 of the Civil Act). Husband and wife are also obligated to cooperate and protect each other as a mentally, physically or economically combined community, to ensure that marriage as a marital community is maintained, and have the right to cooperate comprehensively among them.

As a matter of such duty of living together or the duty of maintaining marital life, married couple shall not engage in any unlawful act, and they shall bear the sexual duty of care.

Accordingly, if one side of the married couple commits an unlawful act, it becomes a ground for judicial divorce pursuant to Article 840 of the Civil Code, and one of the married couple is liable for damages caused by a tort against mental suffering that the spouse suffered.

On the other hand, a third party also intervene in marital life of another party, and the marital life is common life.