A. On May 2, 2002, the Plaintiff married with Nonparty C and maintained a matrimonial relationship until now with two children (the two children, 2004, and 2013) under the marriage and chain.

B. The Defendant was a post-Korean Air Force Academy of Korea and brought about internal relations, including sexual intercourse, from the beginning of 2016 to October 2017, even though C was aware that it was a married person.

C. The former husband of the Defendant knew of the internal relationship with the Defendant and requested disciplinary action against the Defendant for this reason, and both of them were subject to disciplinary action. C was discharged from active service on March 2017 on the grounds that it is inappropriate for active service.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2 (including provisional evidence), the purport of the whole pleadings

2. Determination as to the cause of action

(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 (see, e.g., Supreme Court Decision 2013Meu2441). “Cheating” in this context refers to a broad concept, including the adultery, that does not reach the common sense, but does not fulfill the duty of mutual assistance of both spouses, may include any unlawful act that does not reach the common sense, and whether it constitutes an unlawful act ought to be evaluated in consideration of

(See Supreme Court Decision 88Meu7 delivered on May 24, 198, and Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.). According to the above facts of recognition, the defendant, despite being aware of the fact that C is in a marital relationship with the plaintiff, infringes upon the plaintiff and C’s community life by committing an unlawful act.