A. The plaintiff and C are legally married couple who completed the marriage report on June 23, 1994, and have two children between them.

B. With knowledge of the existence of a spouse, the Defendant: (a) provided frequently contact with C from around 2012 to around 2015; (b) used the expression “competing” as text messages; and (c) received parcels from C on March 13, 2014; and (d) maintained internal relations, such as making a tour to Jeju-do along with C from October 22, 2015 to October 24, 2015.

C. On August 25, 2012, on the day following the day when the Plaintiff became aware of the internal relationship with the Defendant, the Defendant sent a text message to the Plaintiff, stating, “I would like to see it in the truth by being frighted. I will not do so in the future,” and C also told the Plaintiff to the effect that I would recognize the Defendant’s unlawful act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6 through 11, and 14 (including branch numbers if there are branch numbers), the purport of the whole pleadings

2. Determination:

(a) Husband and wife of a damage-bearing responsibility shall live together and be under the duty to support and cooperate with each other;

(Article 826 of the Civil Act). Husband and wife shall have the duty to cooperate comprehensively between themselves in order to maintain marriage as a marital community by cooperating and protecting each other as a community which is a mentally or physically combined community. They 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.

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, the third party also intervene in the marital life of the other party.