A. The plaintiff and the non-party C are legally married couple who completed the marriage report on May 3, 2006, and have children under the slurries.

B. C, with the trade name of D, started to work as a part-time at an adult game room located in Seoul, from April 2019 to an adult game room in Seoul, and became close to the Defendant coming to a customer.

C. C sent and received the Defendant’s name as “F” and sent the message to each other, stating that each other is “nick.”

피고는 2019. 7. 25. C와 대화하면서 ‘여보 피곤할텐데 푹자요 나오지말고 운전 만이하고 사랑도 두 번이나 진하게해서 당신 힘들어요’라는 메시지를 보냈다.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 9 and the purport of the whole pleadings

2. Determination

(a) Husband and wife shall live together, and have the obligation to support and cooperate with each other;

(Article 826 of the Civil Act). The content of the duty of sharing a living together or the duty of maintaining a common life of both spouses and wife, which shall not engage in any unlawful act, shall bear the sexual duty

If one side of the married couple commits an unlawful act, the other side of the married couple shall be liable for damages caused by a tort against the mental suffering which the spouse has sustained.

On the other hand, a third party shall not interfere with a married couple’s communal living which is the essence of the marriage, such as intervening in a marital life of another person and causing a failure of the marital life.

An act of a third party who causes mental pain to the spouse by infringing on a marital life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse by committing an unlawful act with the spouse, shall constitute a tort.

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). “Cheating” in this context refers to a wider concept, including the adultery, that does not reach the gap.