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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The plaintiff claims for mental damage caused by an unlawful act between the defendant and his spouse.
A third party shall not interfere with a marital life falling under the essence of marriage, such as interfering with a marital life by participating in a marital life of another person. Thus, a third party's act of infringing on or maintaining a marital life falling under the essence of marriage by causing a third party's unlawful act and infringing on the rights of the spouse as the spouse. In principle, an illegal act committed by a spouse under Article 840 subparagraph 1 of the Civil Act constitutes a tort. The "illegal act committed by a spouse" under Article 840 subparagraph 1 of the Civil Act includes any unlawful act that does not reach common sense, but does not reach common sense, but includes any unlawful act that does not conform to the marital duty. Whether it is an unlawful act or not shall be evaluated in consideration of the degree and circumstances of each specific case.
(See Supreme Court Decision 92Meu68 Decided November 10, 1992, Supreme Court Decision 2010Meu4095 Decided November 28, 2013, and Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). However, in this case, the images of the evidence No. 2 Subparag. 2 can be known to the effect that the Plaintiff’s spouse and the Defendant have reached an unlawful act, and there is insufficient evidence to acknowledge otherwise.
Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.