A. On November 1, 2006, the Plaintiff has two minor children as the legal couple who completed the marriage report with C on November 1, 2006.

B. From around 2017, C committed an unlawful act such as engaging in sexual intercourse with the Defendant in a telecom, etc.

(c)

During the period in which the Defendant maintained C and C, through the public telephone in Busan, caused the Plaintiff to feel fear and uneasiness with fear by repeated phone time at the late new wall time by leaving the Plaintiff’s cell phone without any speech.

(d)

The plaintiff is the defendant.

A criminal complaint was filed against each act described in the paragraph, and the defendant was prosecuted for the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and the violation of the Punishment of Minor Offenses Act.

[Grounds for recognition] Gap evidence Nos. 1, 2, 3, Gap evidence Nos. 6-1 through 14, Gap evidence Nos. 7-1 through 11, Gap evidence No. 9, Gap evidence No. 4-1 through 8, Gap evidence No. 4-8, and the purport of the whole pleadings

2. A claim for damages caused by an unlawful act;

(a) A third party shall not interfere with a married couple’s communal living falling under the nature of marriage, such as where the third party is involved in a couple’s communal living, thereby causing the failure of a couple’s communal living.

In principle, a third party’s act of infringing on or interfering with a couple’s communal life falling under the essence of marriage and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, which constitutes a tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the above facts of recognition, the Defendant committed an unlawful act while being aware of the marital relationship with the Plaintiff, thereby infringing on or interfering with the Plaintiff’s communal life, thereby infringing on the Plaintiff’s spouse’s right as the spouse, thereby causing emotional distress to the Plaintiff.