2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

A. The plaintiff's assertion is a husband and wife in law with C and two children between them.

Since August 2016, the Defendant entered into an inappropriate relationship with C and C, which led to the failure to recover the relationship between the Plaintiff and C to the extent that it is impossible to recover.

Therefore, the defendant is obligated to pay consolation money of KRW 50,000,000 to the plaintiff and damages for delay.

B. The Defendant alleged that C was the father-Nam and suspended the teaching system with C knowing that C was the father-Nam.

원고와 C의 혼인관계는 피고의 행위로 인한 것이 아니라 C의 계속된 부정행위, 원고와 시댁간의 불화, 원고가 C에게 가한 가정폭력 등으로 인하여 파탄된 것이므로, 피고에게는 그 파탄에 대한 책임이 없다.

2. Determination

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 spouse, which constitutes tort (see, e.g., Supreme Court Decisions 2013Meu2441, May 29, 2015; 2004Da1899, May 13, 2005). In this case, the term “unlawful act” refers to a broad concept that includes adultery, but does not reach the gap, but includes any unlawful act that does not comply with the husband’s emotional duty. Whether it constitutes an unlawful act is determined by considering the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decisions 92Meu68, Nov. 10, 1992; 201 through 305, Mar. 27, 201; 201 through 10, the Plaintiff’s child under the law.