The defendant.

The plaintiff and C are legally married couple who completed the marriage report on July 25, 2014.

The Defendant had a relationship with C around 20 years of age. Around February 9, 2019, the Defendant sleeped with C again in the same room of the Magpo-si Mapo-si, and sent text messages to C before and after the day, and was in an unlawful relationship.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 3, 5, Gap evidence Nos. 4-1, 2, and 3-2, and the purport of the whole oral argument, there are liability for damages. (1) Husband and wife are obliged to live together and support with each other and cooperate.

(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.

The "Cheating" here is a broad concept, including the adultery, which does not reach the gap, but includes all unlawful acts that do not fulfill the duty of mutual assistance of the couple. If one of the married couple commits an unlawful act, the other spouse is liable to compensate for the mental suffering suffered by the spouse.

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.

Supreme Court on May 29, 2015