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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. Occurrence of liability for damages;
(a) A third party shall not interfere with a married couple's communal living which corresponds to the nature of the marriage, such as intervening in a marital life of another person and causing a failure of the marital life;
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 right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc. (see, e.g., Supreme Court Decision 2004Da1899).
In full view of the results of the appraisal in the cases of Gap's evidence Nos. 1, 2, 3, 7, 8, and 12 (including numbers) and images, the results of the appraisal in Changwon District Court 2017Kao1008, the results of the examination of the plaintiff himself by the court of first instance, the results of the inquiry into the plaintiff by the party concerned by the court of first instance, and the whole purport of the arguments in the inquiry into the fact that the plaintiff and Eul are legally married couple and have four children of 194, 1997, 190, 201, 2004, and 2004, from September 2015, the defendant met Eul from around 2015 to around 20, and C and the defendant are the same year.
3. 11.1.1. The same year;
4.5. & 4. The same year.
4. 18. The fact that the Defendant’s residence D 402 was the same as the Defendant’s residence, and the fact that the Defendant and C were accommodated in the E Furheras on March 19, 2017 where the first instance trial was pending.
According to the above facts of recognition, the defendant is deemed to have committed an unlawful act, including a adultery, even though he/she is aware that he/she is a spouse, and it is sufficient to view that it constitutes a tort that infringes on the rights of the plaintiff's spouse as a spouse, with knowledge that he/she is a spouse of C.
Therefore, the defendant is paying monetary damages to the plaintiff due to the above tort.