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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The judgment of the court of first instance is rendered on Nov. 1, 2018.
Reasons
1. Facts of recognition;
A. The plaintiff and C are legally married couple who completed the marriage report on December 7, 1987.
B. The Defendant and C came to know at the meeting of the same club, including around 2013, and at the same time, they took a trip to Japan around January 2016.
Before the Defendant’s husband’s above travel from the Defendant’s husband, the Plaintiff resisted to C, and C did not leave the Defendant any longer, but even thereafter maintained the remainder with the Defendant.
C. C demanded a divorce on February 2018 to the Plaintiff, and around April 2018, the Plaintiff did not respond to the divorce, and the Plaintiff loaded and gathered on the motor vehicle (motor vehicle number D) used with the Plaintiff.
C and the Defendant traveled to the Plaintiff even before getting on or off the said motor vehicle, around February 12, 2018, and C around this time changed from “the family limit of 26 years of age or older” to “one person between 43 and 1 person between 43 years of age and 1 designated person (Defendant).”
E. On May 2018, C filed an application for divorce conciliation with the Plaintiff, but the application was not made, thereby having been implemented as a divorce lawsuit.
On June 14, 2019, a judgment was rendered to dismiss C’s claim for divorce (Seoul Family Court 2018Dhap12138), and the appellate court rendered a judgment to dismiss C’s appeal on January 16, 2020.
[The grounds for recognition] / [the Seoul High Court (In Incheon), 2019Reu10282] / [the grounds for recognition] 1, Gap evidence 3, Gap evidence 5 through 8, Gap evidence 11 and all the arguments
2. Determination:
(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal life;
An act of a third party which causes mental pain to the spouse by infringing on or impeding a marital life which corresponds to the essence of marriage and by infringing on the right as the spouse, by committing an unlawful act with the spouse.