A. The Plaintiff and C are married couple who reported their marriage on May 1, 2006, and have two children of 2007 and 2011.

B. The Defendant, despite being aware of the fact that the workplace ship C was a father-Nam, maintained an inappropriate relationship, such as having a multiple sexual intercourses, which was discovered to the Plaintiff from the end of November 2017 until January 16, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 33 (including branch numbers, if any), Eul evidence 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). “Cheating” in this context refers to a broad concept, including the adultery, which does not reach a common sense but does not faithfully fulfill the duty of mutual assistance of both spouses, includes any unlawful act. Whether it is an unlawful act or not ought to be evaluated in consideration of the degree and circumstances of the specific case.

(See Supreme Court Decision 88Meu7 delivered on May 24, 198, and Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.). According to the above facts, the defendant committed an unlawful act despite being aware that C has a spouse. Barring any special circumstance, the defendant's act constitutes a tort since it infringes the plaintiff's community life and inflict mental pain on the plaintiff. Thus, the defendant's mental suffering suffered by the plaintiff.