1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. The plaintiff married with C on January 13, 1999 and has two children under the chain, and the defendant married with D on April 25, 1998 and has two children under the chain.

B. D operates a coffee shop in the name of “F” in Seocho-gu Seoul Metropolitan Government E building, and C operates a real estate brokerage office in the name of “H” with G on the same floor.

C. While being aware that C is the Plaintiff’s denial, the Defendant committed an unlawful act in relation to C from April 2015 to the beginning of 2016. During that period, C gifts high-priced clothes, bags, etc.

D The Defendant and C brought a lawsuit for damages against C on the ground of an unlawful act between the Defendant and C, and C was sentenced to the judgment that paid D 40 million won and damages for delay.

(Seoul Central District Court 2017Kadan5131472, etc.). [Grounds for Recognition] A, Gap evidence 1, 2, Eul evidence 7, the purport of the whole pleadings.

2. Determination

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 the spouse’s right as the spouse by committing an unlawful act with the spouse, thereby constituting a tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). Taking into account the above recognized facts and all the circumstances revealed in the arguments in the instant case, the Defendant has maintained a fraudulent act including a sexual relationship with C from April 2015 to early 2016, while being aware that the spouse is a spouse, and therefore, the Defendant is obviously liable for compensation for mental damage suffered by the Plaintiff or the Plaintiff in money.