A. On February 5, 2005, the Plaintiff and C have two children as a legally married couple who completed the marriage report.

B. On April 2017, from June 2017 to June 201, the Defendant knew that C had a spouse, even though having a spouse, took a rest of Korea, such as providing meals, viewing the heart film, etc., and even talking with singing on June 5, 2017.

C. On January 10, 2018, the court rendered a judgment ordering compensation for damage caused by an unlawful act on the ground that the Defendant violated the Plaintiff’s communal living or suffered mental pain by interfering with the maintenance thereof. The above judgment became final and conclusive on January 26, 2018.

(In Incheon District Court Decision 2017Kadan107904, hereinafter referred to as the "Prior Judgment") D.

On November 29, 2017, the date of the closing of argument in the preceding judgment, the Defendant maintained Mag-gu and maintained Mag-gu along with C by doing Mag-gu and kis.

[Ground of recognition] The fact that there has been no dispute, and the purport of Gap's 1 through 10 certificates (including each number, if any) is recorded, video, or whole pleading

2. Determination

A. In principle, a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse, thereby infringing on or impeding a couple's communal life falling under the essence of marriage and infringing on the spouse's right as the spouse.

At this time, the term "illegal act" is a broad concept including the adultery, which does not reach the gap between the parties, but includes all illegal acts that are not faithful to the husband's duty of mutual assistance, and whether it is an illegal act or not shall be evaluated in consideration of the degree and situation of the specific case.

According to the above facts of recognition, the defendant committed an unlawful act with the knowledge that C is a spouse, and the defendant's act is the plaintiff, unless there are special circumstances.