손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff claims for mental damage caused by an unlawful act between the defendant and his spouse.
A third party shall not interfere with a marital life falling under the essence of marriage, such as interfering with a marital life by participating in a marital life of another person. Thus, a third party's act of infringing on or maintaining a marital life falling under the essence of marriage by causing a third party's unlawful act and infringing on the rights of the spouse as the spouse. In principle, an illegal act committed by a spouse under Article 840 subparagraph 1 of the Civil Act constitutes a tort. The "illegal act committed by a spouse" under Article 840 subparagraph 1 of the Civil Act includes any unlawful act that does not reach common sense, but does not reach common sense, but includes any unlawful act that does not conform to the marital duty. Whether it is an unlawful act or not shall be evaluated in consideration of the degree and circumstances of each specific case.
(See Supreme Court Decisions 92Meu68, Nov. 10, 1992; 2010Meu4095, Nov. 28, 2013; 2011Meu2997, Nov. 20, 2014; etc.). However, in the instant case, each of the descriptions or images set forth in subparagraphs 3 and 4 (including each number) can only be recognized that the Plaintiff’s spouse and the Defendant came to know through SNS, and it is insufficient to recognize that the Plaintiff’s spouse and the Defendant committed an unlawful act beyond this, and there is no other evidence to prove otherwise.
Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.