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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The plaintiff and C are legally married couple who completed the marriage report on October 10, 1971, and have one child under the chain.
B. After the Defendant and C became aware of each other through the Plaintiff, according to the message message sent from August 2012 to November 2015, the Defendant and C received almost every day from July 2015, 2015, the Defendant and C sent the Kakakao Stockholm message, and committed unlawful acts, such as maintaining the inhuman relationship and having sexual intercourse at the Defendant’s residence.
[Ground of recognition] The entire purport of each statement, image, and pleading of evidence Nos. 1 through 8, 10, 11, 14, 15, 19, and 20 (including virtual numbers) [The defendant asserts to the effect that the relation between the expression and sexual intercourse of C does not constitute a fraudulent act because it is unilateral. However, according to the evidence above, the defendant is able to communicate with C first, with C first, with frequent interview, and the defendant is able to communicate with each other, and the defendant has multiple sexual intercourses in response to C's patriotism]
2. The plaintiff's assertion that the plaintiff suffered mental suffering due to the plaintiff's spouse C and the defendant's wrongful act, so the defendant should pay consolation money of KRW 30,000,000 to the plaintiff.
3. Occurrence of liability for damages;
A. 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 a spouse's right as the spouse, thereby causing mental pain to the spouse constitutes a tort.
(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). B.
According to the above facts of recognition, the defendant committed a fraudulent act for a considerable period of time, such as knowing that he/she has a spouse with C, and thereby infringed upon the plaintiff's communal living and interfered with the maintenance thereof.
Therefore, the defendant is suffering from the plaintiff's mental illness.