2. Plaintiff’s assertion and judgment

A. The Defendants asserted that they committed unlawful acts, such as sexual intercourse, from January 2014, which led to the failure of their marriage between the Plaintiff and Defendant B. As such, the Plaintiff suffered emotional distress due to such unlawful acts by the Defendants, and thus, the Defendants are jointly and severally liable to pay the Plaintiff a solatium amounting to KRW 30 million and damages for delay.

B. The “illegal act” under Article 840 subparag. 1 of the Civil Act includes not only the adultery but also all the acts deemed not to be faithful to the husband’s duty of mutual assistance.

Meanwhile, in principle, a third party’s act of infringing on or interfering with a couple’s communal life falling under the essence of marriage and infringing on the right as a spouse and causing mental distress to the spouse by providing “illegal act” as stipulated in Article 840 subparag. 1 of the Civil Act with a spouse, constitutes a tort. Thus, the third party is liable for compensating for the damages to the spouse who has suffered mental distress.

As to the instant case, comprehensively taking account of the overall purport of the arguments in the Health Team, Gap evidence Nos. 2, 4, and 5, and evidence Nos. 3-1, 2, and 3-3, the defendant Eul may recognize the fact that the defendant Eul committed unlawful acts from January 2014 to July 2014, such as having a sexual intercourse with the defendant Eul continuously contact with him several times, having to meet with him, and having to meet with him. The defendant C knowingly committed unlawful acts with the defendant Eul while knowing that he is the spouse of the defendant Eul, thereby infringing on or impeding the community life of the plaintiff and the defendant Eul and infringing on the plaintiff's rights.