손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. Occurrence of liability for damages;
(a) Husband and wife shall bear the duty of living together or maintenance of common life of the husband and wife, and the husband and wife shall bear the sexual good faith that the husband and wife should not commit any unlawful act, and in case where either husband and wife has committed any unlawful act, the husband and wife shall be liable for damages caused by tort against the mental suffering which the spouse sustained;
On the other hand, a third party shall not interfere with a marital life equivalent to the essence of the marriage by intervening in a marital life of another person and causing the failure of the marital life. The third party's act of infringing on the marital life falling under the essence of the marriage by committing an unlawful act with the either side of the married couple, or interfering with the maintenance thereof, and infringing on the right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes tort.
B. According to the overall purport of evidence Nos. 1 and 4, the Plaintiff and the couple who completed the marriage report on February 1, 1993, and the Plaintiff divorced on June 29, 2017. The Defendant, despite being aware of the marital relationship with the Plaintiff, knew that C was married to the Plaintiff, may recognize the fact that C had given contact with C around April 2017 and sent time at one’s home. Accordingly, according to the above facts, it can be sufficiently inferred that there was an unlawful act between the Defendant and C, and the Defendant may be deemed to have inflicted mental pain on the Plaintiff due to such unlawful act with C, and thus, is liable for tort liability.
C. As to this, even if there was a fraudulent act between the Defendant and C, the Plaintiff and C at the time are considered to have been in a situation to the extent that they could not recover from their marital life, and thus, they did not constitute a tort. However, the Plaintiff and C were in a situation to the extent that they could not recover from their marital life due to their failure.