A. On March 6, 2012, the Plaintiff, as CB, has two women as the legal couple who completed the marriage report with D on March 6, 2012.

B. Around 2014, the Defendant came to know of D, which had been employed by the same shipbuilding company, and started to teach, and around June 2016, the Defendant brought about not only sexual acts, but also sexual intercourses with D from time to time.

C. After the Plaintiff became aware of such fact, around June 2016, the Plaintiff filed a lawsuit against the Defendant for a claim for damages, but around August 3, 2016, the Defendant voluntarily withdrawn the lawsuit with the Defendant’s beliefing to adjust the relationship with D. Around August 3, 2016. However, the Defendant continued to teach with D and maintained a sexual relationship until February 2017.

[Reasons for Recognition] No dispute, Gap 1-1 through 5, Eul 1, and the purport of the whole pleadings

2. Determination

(a) A third party shall not interfere with a married couple’s communal living falling under the nature of the marriage, such as intervening in a couple’s communal living of another person and causing the failure of the couple’s communal living;

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 a spouse's right as the spouse, thereby causing mental pain to the spouse shall constitute a tort.

B. In the instant case, even though the Defendant was aware of the Plaintiff’s sexual intercourse with D and promised to file a lawsuit seeking compensation for damages and to arrange the Plaintiff’s relationship with D, it may be deemed that the Plaintiff suffered mental pain by infringing upon the Plaintiff’s community life or interfering with the Plaintiff’s maintenance, and infringing the Plaintiff’s spouse’s rights.