A. The plaintiff is a legally married couple who completed the marriage report with C on November 4, 1997 and has two children.

나. 피고는 2018. 8. 30.경부터 C과 교제하면서, C에게 ‘표현하기 힘들만큼 무지무지 사랑해~^-^♡♡’ 등의 문자메시지를 보냈다.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) 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 the spouse’s right as the spouse by committing an unlawful act with the married couple’s husband and wife’s act constitutes tort (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). In this case, “unlawful act” refers to a broad concept that includes adultery and does not reach the adultery, but includes any unlawful act that does not conform to the husband’s emotional duty, and whether it constitutes an unlawful act or not shall be evaluated in consideration of the degree and circumstances of the specific case (see, e.g., Supreme Court Decisions 8Meu7, May 24, 198; 92Meu68, Nov. 10, 192). Thus, according to the above recognized facts, the Plaintiff’s spouse and the Defendant suffered emotional distress or interfere with the Plaintiff’s emotional distress.

B. The following circumstances, i.e., the period of marriage, marriage and family relationship between the Plaintiff and C, and the Defendant and C, which are revealed by comprehensively taking account of the evidence and the purport of the entire arguments as seen earlier.