1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

1. Facts of recognition;

A. The plaintiff is a legally married couple who completed the marriage report with C on June 7, 1993, and has one South-year child between them.

B. C came to have a son’s son’s son’s son’s seat run by the Defendant, and the Defendant became familiar with the Defendant. From around 2015 to around 2015, the Defendant, despite being aware of his spouse’s existence, was aware of the fact that he had a spouse.

다. 피고는 C와 2015. 7. 2.부터 2015. 9. 1.까지 “내 맘속엔 온통 자기 생각뿐이랍니다”, “자기야 고맙구 사랑해”, “안녕 ♡♡♡ 기상하셨나요”, “여보야 문안인사가 늦어버렸네”, “안녕 울 낭군님 일찍 일어나셨네”, “울 낭군님 마니 힘들지, 애인하구 함께 하는 게” 등 약 200여회의 문자 메시를 주고받았고, 그중에서 밤 12시부터 4시까지 사이에 주고받은 문자메시지도 50여회에 이른다. 라.

On September 10, 2016, when the instant lawsuit was pending, the Defendant called C at the time of the new wall on September 10, 2016, and took a photograph as at five clocks of the new wall on December 9, 2016.

[Ground of recognition] Each description and image of Gap evidence Nos. 1, 2, 3, and 6 (including paper numbers)

2. The occurrence and scope of liability for damages;

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 a spouse’s right as the spouse, thereby causing mental suffering to the spouse, constitutes tort.

(see Supreme Court Decision 201Meu2997, Nov. 20, 2014). Meanwhile, “illegal act committed by a spouse” under Article 840 subparag. 1 of the Civil Act is a wider concept that includes adulterys and does not reach the common sense, but includes any unlawful act that does not faithfully fulfill the marital duty (see Supreme Court Decision 2010Meu4095, Nov. 28, 2013), and a third party commits an unlawful act with a husband and wife.