2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

A. The Plaintiff and C were legally married couple who completed the marriage report on November 2, 2006, and had one minor child under the slot. The above C had Vietnam nationality, but was naturalization on November 4, 2010.

B. From around around 2014 to around 2015, the Defendant: (a) performed sexual intercourses with C; (b) however, immediately after receiving a claim from the Plaintiff regarding the relationship with C, the Defendant arranged the relationship with C around May 2017.

C. C filed a claim for divorce, etc. against the Plaintiff with the Gwangju Family Court No. 2018Ddan3565, but the said court dismissed the Plaintiff’s claim for divorce on December 21, 2018 on the ground that the principal liability for the failure of the marriage with the Plaintiff was against C.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. Since the defendant knew that he had a spouse C and Cheating, the defendant is obligated to pay consolation money for mental suffering suffered by the plaintiff to C.

B. From around March 2015, Defendant C was not aware of the fact that it was a spouse during the teaching process, but was unaware of the fact that Defendant C had a spouse.

In addition, the defendant, immediately after becoming aware of the above facts, arranged the relationship with C from May 2017.

3. The act of a third party making a mistake with a spouse to infringe on or interfere with a marital life falling under the essence of marriage and to inflict mental pain on the spouse by infringing on his/her right as the spouse shall, in principle, constitute tort.

Accordingly, in order to establish tort liability of a third party, the third party should have known or could have known the other party's spouse at the time of the school system.

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). In light of the foregoing legal doctrine, the Defendant conspireds with C, the spouse, from around 2014 to May 2017, 2015.