1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

[Claim]

1. Basic facts

A. The plaintiff and C are legally married couple who completed the marriage report on January 5, 1996.

B. On April 2018, the Defendant first became aware of C at the Round group around 2018, and committed unlawful acts, such as having sexual intercourses several times from July 2018 to February 2019, knowing that C was a woman, even though having been aware that C was a woman.

C. On the other hand, around January 2020, the Plaintiff and C filed an application with the Cheongju District Court for confirmation of divorce.

[Ground of recognition] The fact that there has been no dispute, entry of Gap's 1 through 10 evidence (including a branch number; hereinafter the same shall apply) and the purport of whole pleading

2. Determination

A. A third party who has a liability for damages shall not interfere with a couple’s communal life falling under the essence of marriage by intervening in a couple’s communal life of another person and causing failure of a couple’s communal life. A third party who, in principle, infringes on or interferes with a couple’s communal life falling under the essence of marriage by committing an unlawful act with one of the married couple, thereby infringing on his/her right as the spouse, thereby causing mental distress to the spouse.

(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the aforementioned basic facts and grounds for recognition, the Defendant knowingly committed an unlawful act with C with the knowledge of the existence of a spouse, thereby infringing on a couple’s communal life falling under the essence of marriage or causing mental pain to the Plaintiff by interfering with the maintenance thereof.

Therefore, the defendant has a duty to pay the plaintiff the mental suffering suffered by the plaintiff.

B. The scope of liability for damages, the evidence presented by the Plaintiff and the Defendant, and the purport of the entire pleadings, and the contents, duration and degree of fraudulent act, the marriage and family relationship between the Plaintiff and C, the degree and period of illegal act between the Defendant and C, the impact of the fraudulent act on the marital life between the Plaintiff and C, and