A. The plaintiff and C are legally married couple who completed the marriage report on April 28, 2000.

B. From 2015, the Defendant knew of the fact that he/she has a spouse C, and had a sexual intercourse with C, etc.

C. The Defendant discovered such unlawful act, and continued to communicate and communicate with C around September 16, 2019, including, but not limited to, an improper contact with C, even after the instant lawsuit was brought against the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through Gap evidence 5, Gap evidence 6-1 through 7, Gap evidence 7 through Gap evidence 13, Gap evidence 14-1, Gap evidence 15-1 and 2, the purport of the whole pleadings

2. Determination

(a) The husband or wife of a liability for damages, as a community combining mentally and physically, shall have the duty to cooperate comprehensively between themselves in order to maintain marriage as a common life of both spouses, and shall have the right to such obligation;

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.

In addition, a third party shall not interfere with a married couple's communal living which is the essence of the marriage by participating in a marital life of another person and causing the failure of the marital community.

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse, thereby causing mental pain to the spouse shall constitute a tort.

In light of the above legal principles, as seen earlier, the Defendant committed unlawful acts, such as joining or entering into a sexual intercourse with the Plaintiff. Such unlawful acts by the Defendant interfered with the maintenance of marital life against the Plaintiff and his spouse’s right as the spouse.