The defendant worked at the main point of "D" located in Ulsan-gu, Ulsan-gu, and came to know of C as a guest at that place. From October 2015 to October 2015, the defendant knew that C has a spouse, and entered into a sexual relationship several times with C by personally drinking or travelling together with his/her spouse.

피고는 C에게 “여보∼ 내가 오랜만에 편지 쓸라고 그때 적었는데 오빠가 갔다버려서 그렇지. 쨋든 이제 오빠랑 붙어산지 1달도 넘었네 우리 10일만 더 있으면 백일이얌 처음엔 내가 너무 나쁜년 이였고 지금까지 오빠한테 상처를 너무 많이 준거같아서 미안하네 난 오빠랑 더 잘해보고 싶고 헤어질 생각 전혀 없으니까 남자 연락오면 철벽칠게 연락도 절대 안할게. 꼭 믿어봐∼ 쨋든 내가 많이 사랑하고 앞으로 더 많이 사랑해줄겡 ∼ 지금도 많이 보고싶네 사랑해요 C씨♡ 이쁜 B가 ♡”라는 내용의 편지를 보냈다.

On January 6, 2016, the Plaintiff and C filed an application with this court for confirmation of intention of divorce, and completed the agreement divorce report on June 7, 2016.

[Reasons for Recognition] Unsatisfy, Gap 1 to 7 evidence, the purport of the whole pleadings

2. Determination

A. The act, in principle, 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 rights, causing mental pain to the spouse by a third party who committed an unlawful act with the spouse of the married couple, constitutes tort.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). The Defendant, by committing an unlawful act with the Plaintiff’s spouse C, inflicted emotional distress on the Plaintiff by infringing the marital relationship between the Plaintiff and C or interfering with its maintenance, which constitutes tort against the Plaintiff.

Therefore, the defendant.