A. The plaintiff and the non-party C have both children, who are minors, under the law that reported their marriage on November 30, 2006.

B. Around August 2015, the Defendant entered in the Dispute Resolution Co., Ltd. which is the representative of C and served in the Dispute Resolution Co., Ltd.

다. 피고와 C은 2015. 12.경부터 2016. 6.경까지 직장 상하관계를 넘어서는 사적인 만남을 지속하면서, 카카오톡 메신저를 통해 서로를 ‘자기’라고 호칭하며 C은 피고에게 ‘엉덩이 쪽♡’, ‘난 자기 똥꼬두 뽀했어. 알지 다 사랑스러워서.’ ‘오빠(C)에게 (피고가) 마지막 사랑인데. 사랑해 진짜.’라는 등의 대화를, 피고는 C에게 ‘언제 진짜 자기 걸로 만들어주니’, ‘확실해지고 싶어’, ’우리는 언제쯤 행복해’, ‘자기가 얼른 나한테 와요’라는 등의 대화를 나누기도 하였다.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 3, 5, and 7 (including various numbers for each type of evidence), the purport of the whole pleadings

2. Determination

A. 1) In principle, a third party’s act of infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse, thereby constituting tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). In addition, an unlawful act under Article 840 subparag. 1 of the Civil Act is a larger concept including any unlawful act which is deemed not to be faithful to the husband’s duty of good faith, even if it includes adulterys, but does not reach the common sense. 2) In light of the above legal principles, considering the above acknowledged facts, even though the Defendant cannot be readily concluded that the Defendant had sexual intercourse with C, the Defendant expressed the content of sharing with C’s daily life with knowledge that C has a spouse, and the content of the unlawful act.