- The plaintiff and C are married couple on September 24, 1977.

- Since 2009, C worked in Dong located in Dongjak-gu Seoul Metropolitan Government, and the defendant was C's work partner.

- 피고는 2016년경부터 C가 배우자가 있는 사람임을 알면서도 C와 서로 애정표현이 섞인 문자메시지를 주고받고, 종종 퇴근 후에 따로 만나서 술을 마셨으며, 2016. 11. 28. 서로 팔짱을 끼거나 손을 잡고 거리를 걷는 등 연인관계로 발전하였다.

[Grounds for Recognition] Unsatisfy, Gap evidence 2, 6, 7, and 9 are written and videoed, Gap witness C's partial testimony, and the purport of the whole pleadings shall be liable for damages.

A. A third party shall not interfere with a couple’s community life falling under the essence of marriage by intervening in a couple’s community life of another person and causing failure of a couple’s community life. A third party’s act of infringing upon or interfering with a couple’s community life falling under the essence of marriage by committing an unlawful act with one of the married couple, and infringing on a spouse’s right as a spouse, thereby causing mental distress to the spouse, constitutes tort in principle (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). In this case, “unlawful act” refers to a broad concept that includes adultery and includes adultery, but does not reach the adultery, any unlawful act that does not comply with the marital duty of the married couple, and whether it is an unlawful act shall be evaluated in consideration of the degree and circumstances depending on the specific case.

(See Supreme Court Decision 88Meu7 delivered on May 24, 198, and Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.) B.

Examining the above facts in light of the above legal principles, the defendant committed an illegal act continuously for a considerable period with knowledge that C is a spouse, and due to such an act committed by the defendant, the marital relationship between the plaintiff and C was infringed, or the maintenance thereof was interfered with.