A. The plaintiff is a husband and wife who completed the marriage report on October 7, 1996.

B. From May 2014, the Defendant sent telephone conversations with C or sent text messages, from August 2014 to August 3, 2014, the Defendant took lessons with C from around October 2014.

C. Around June 25, 2015, the Plaintiff had a right to listen to the Defendant’s telephone conversations with C and made an objection against the Defendant, but even thereafter, the Defendant continued to maintain the relationship with C.

The Plaintiff and C are currently living separately from November 2015, and the Defendant maintains the relationship with C until the day the instant lawsuit is pending.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 9, part of witness C's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that C was aware that C was the spouse, and the defendant committed an unlawful act, such as having a sexual relation, and the above act constitutes a tort, and thus, the defendant should pay consolation money for mental damage which the plaintiff suffered as damages for delay and damages for delay.

B. The Defendant’s assertion that the marriage between the Plaintiff and C was actually broken down before August 2014, and thus, it cannot be said that the relationship between the Plaintiff and C was broken down due to the Defendant’s act. Therefore, there is no causal relation with the Defendant’s act.

3. Determination

(a) Where the liability for damages arises, the obligation to live together with one other or the obligation to maintain common life of both spouses, the married couple shall bear the sexual duty that should not commit any unlawful act; and

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 also intervene in a marital life of another person and brings about the failure of the marital life.