A. According to the allegations by the parties Gap evidence No. 1, the plaintiff and C are recognized as a legally married couple who reported marriage on June 23, 2006.

The Plaintiff asserted that the Defendant was liable to pay KRW 30,00,000 to the Plaintiff for damages caused by the tort, since the Defendant committed an unlawful act with C and the Plaintiff infringed upon the Plaintiff’s right as the Plaintiff’s community life and spouse, and that the Defendant did not know that the Plaintiff was the spouse of C and C, and thus, it did not comply with the Plaintiff’s claim.

B. Determination 1) 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 his/her spouse’s right as his/her spouse by committing an unlawful act shall constitute a tort (see, e.g., Supreme Court Decision 2004Da1899, May 13, 2005). Meanwhile, “illegal act” under Article 840 subparag. 1 of the Civil Act includes all acts that are not faithful to the duty of good faith as spouse, and is larger than the so-called “illegal act” rather than the so-called “an unreasonable act” should be evaluated in consideration of the degree and circumstances according to each specific case (see, e.g., Supreme Court Decision 92Meu68, Nov. 10, 192). 2) The Defendant sent the Plaintiff’s written evidence Nos. 1 through 5, and the purport of the entire court’s order for presentation of documents, and the Defendant’s oral statement from August 13, 2015 to C.