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

Purport of claim and appeal

[Claim]

A. The Plaintiff was a legally married couple who completed the marriage report with C on September 18, 2006, and two children between C and C.

B. The Defendant, as the workplace rent of C, continued to engage in an unlawful act, such as maintaining the relation of a person with knowledge that C was in a state of marriage from July 2017, and continuously leading to the passage of the Defendant’s house after the Plaintiff’s death.

C. Around July 2017, the Plaintiff confirmed the fact that C was committing an unlawful act with the Defendant, and demanded C and the Defendant to commit an unlawful act, but C continued to commit an unlawful act while recognizing that C and C committed an unlawful act with the Defendant.

Accordingly, on April 10, 2019, the Plaintiff filed a lawsuit of divorce and division of property against C, and the conciliation was concluded between the Plaintiff and C.

The main contents of the above mediation are divorce between the Plaintiff and C, but C paid KRW 30 million to the Plaintiff, and C was designated as a person with parental authority and a custodian of children.

[Recognition] Facts without dispute, Gap evidence 1 through 8, 10 (including a provisional number; hereinafter the same shall apply), Eul evidence 4 and the purport of the whole pleadings

2. Where a person who has a spouse to be liable for damages commits an act of adultery with a person who has a spouse to be liable for damages, and as a result, a third party who has committed an act of adultery with a person who has a spouse to be divorced from, or divorced from, his/her spouse, thereby causing the failure of marriage, constitutes a tort against his/her spouse, and thereby, is liable to compensate for the mental suffering suffered by his/her spouse (see Supreme Court Decision 2004Da1899, May 13, 2005). The same applies to an illegal act which constitutes a cause of judicial divorce.

According to the above facts of recognition, the defendant, even though he is aware that he is a spouse of C, committed a continuous unlawful act against the plaintiff and C during the lawsuit of this case until the divorce, and the plaintiff's marital relationship has been extinguished due to such act of the defendant.