A. On May 20, 191, the Plaintiff married with C on May 20, 1991, and has two children who were born in 192 and 194.

B. Around 2009, C came to know of the Defendant at the Rotterdam conference, and C was living together from January 2016 to March 2016, 2016.

C. C filed a lawsuit claiming divorce and consolation money against the Plaintiff (Seoul Family Court Decision 2015Ddan304078), but lost on June 3, 2016, but the appeal (Seoul Family Court Decision 2016Reu3078) was lodged, but the appeal was rendered on September 30, 2016, but the judgment became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, the purport of the whole pleadings

2. Determination

(a) The husband or wife of a liability for damages shall be liable to live together and provide mutual support and cooperation; and

(Article 826 of the Civil Act). Husband and wife, as a community in which mental, physical, or economic combination is achieved, shall have the duty to cooperate and protect each other in a comprehensive manner so that marriage as a marital community is maintained, and shall have the right to such a duty.

As such, as the content of the marital or marital life maintenance obligation, the married couple bears the sexual duty that should not commit any unlawful act.

Accordingly, if one side of the married couple commits an unlawful act, it becomes a ground for judicial divorce pursuant to Article 840 of the Civil Code, and one of the married couple is liable for damages caused by a tort against mental suffering that the spouse suffered.

On the other hand, a third party shall not interfere with a married couple’s community life, which is the essence of the marriage, by intervening in a marital community of another person and causing the failure of the marital community.

A third party has committed a fraudulent act with either side of the married couple.