A. 1) The Plaintiff is a married couple on November 201, 2010 with C, and is a minor child.

2) A while residing in the Plaintiff and its children and from July 2019 to August 2019, C sent leave to Korea. However, the Defendant committed unlawful acts, such as having C and inappropriate only son during the said period.

3) C went to the United States around September 2019, and went to Korea around January 2020, and remains separate from the plaintiff and his children until now.

4) The Defendant committed unlawful acts, including unlawful acts in paragraph (2) with C from January 2020 to April 2020 (hereinafter referred to as “instant unlawful acts”). [Grounds for recognition] The Defendant did not dispute, the entries in the evidence of subparagraphs A through 7, the witness’s partial testimony, and the purport of the entire pleadings.

B. In principle, a third party’s act of infringing on or interfering with the communal life of the married couple falling under the essence of marriage and infringing on his/her spouse’s right as the spouse, thereby causing mental pain to the spouse constitutes a tort (see, e.g., Supreme Court Decisions 201Meu 2997, Nov. 20, 2014; 2004Da1899, May 13, 2005). Here, “illegal act” includes a broad concept that includes adultery, but does not reach the intersection, any unlawful act that does not comply with the husband’s duty of good faith, and whether it constitutes an unlawful act is determined by considering the degree and circumstances depending on a specific case (see, e.g., Supreme Court Decision 2010Meu4095, Nov. 28, 2013).