The defendant is 17,00,000 won to the plaintiff and 5% per annum from November 5, 2020 to March 10, 2021.

1. The judgment couple on the cause of the claim shall have the obligation to live together, and to support and cooperate with each other (Article 826 of the Civil Act). Husband and wife, as a community combining mentally, physically or physically and economically, shall have the obligation to cooperate comprehensively between themselves in order to maintain marriage as a common life of both spouses, and shall have the right to such obligation;

As a matter of such duty of living together or the duty of maintaining common life of both spouses, married couple shall not engage in any unlawful act, and they shall bear the sexual duty of care.

In this context, an unlawful act is a larger concept, including the adultery, and even though it does not reach the adultery, all unlawful acts that are not faithful to the duty of mutual assistance of the married couple are included therein. If one of the married couple commits an unlawful act, the married couple shall be 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 communal living which is the essence of the marriage, such as interfering with a couple’s communal living by causing a failure of the couple’s communal living.

In principle, a third party’s act of infringing on or impeding the maintenance of common life of the married couple falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse constitutes a tort (see, e.g., Supreme Court Decisions 2013Meu2441, May 29, 2015; 88Meu7, May 24, 198). In full view of the overall purport of the statements and arguments regarding evidence A and evidence A and 1 through 8, the Plaintiff is a legally married couple who reported marriage with C on July 30, 2019; written text sent by the Defendant to C; monetary records between the Defendant and the Defendant; and monetary records between the Plaintiff and the Defendant, together with the head of C, expressed sexual intercourse between C and C.