A. The plaintiff and C are legally married couple who completed the marriage report on June 27, 2002, and have two children under the chain.

B. C and the Defendant committed unlawful acts, such as exchanging contact with C from October 2015 to July 2016, knowing that he/she had a spouse while having known that he/she had a spouse as an elementary school-friendly district.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. Determination

(a) Husband and wife who is responsible for the birth of loss shall live together and be responsible for supporting each other;

(Article 826 of the Civil Act). Husband and wife, as a community in which mental, physical, or economic combination is achieved, shall have the duty to cooperate and protect each other in a comprehensive manner so that marriage as a marital community is maintained, and shall have the right to such a duty.

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.

If one side of the married couple commits an unlawful act, the other side of the married couple shall be liable for damages caused by a tort against the mental suffering which the spouse has sustained.

On the other hand, a third party shall not interfere with a married couple's community life, which is the essence of the marriage, such as interfering with a couple's community life by causing a failure of a couple's community life.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). In light of the foregoing legal doctrine, according to the health stand and the above fact of recognition, the Defendant has sexual intercourse with C even though he/she is aware that C is a spouse.