A. On April 7, 2010, the Plaintiff has two minor children under the chain of law as a married couple who completed the marriage report with C on April 7, 2010.

나. 피고는 2019. 8.경 C이 운영하는 점포에서 고가의 자전거를 구매하면서 C을 알게 되어 C이 배우자 있는 사람임을 알면서도 카카오톡으로 서로 “100일 끝났음”, “빨리 공항이었으면 좋겠다”, “우리 도착하면 수욜밤이구”, “나 그래도 100일에 같이 있었다.” 등 100일을 기념하는 내용의 메시지를 주고받았다.

C. The Defendant and C depart from China on December 4, 2019 for the same month.

7. Entry into the Republic of Korea, as well as with the injury, had been accommodated in a hotel for 3 days, as shown in D, E, F, etc.

The defendant set up store operated by C, and maintained improper relations such as keeping clothes of C at the defendant's office.

[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 5 to 21 (including additional numbers) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) A third party shall not interfere with a married couple’s community life falling under the essence of marriage by intervening in a married couple’s community life by causing failure of a married couple’s community life. A third party’s act of infringing on or maintaining a married couple’s community life falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, in principle, constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). The Defendant, even though he/she is aware that he/she is a spouse, has been aware that he/she was a spouse, while maintaining an inappropriate relationship with C from around August 2019, has committed an act infringing on and interfering with the maintenance of the married couple’s community life with C, and the Plaintiff suffered emotional distress due to the Defendant’s tort.