1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and the deceased C (hereinafter “the deceased”) are legally married couple who completed the marriage report on July 16, 1996.

B. The Deceased committed suicide on October 23, 2018, and the Defendant committed suicide with his female at the time of the Deceased’s death.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 9 (including each number, if any; hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings

2. The Plaintiff’s summary of the Plaintiff’s assertion is asserting that the following purport is the same as the purport of the claim.

Around 2017, the Defendant had become aware of the Deceased through a computer hosting and maintained an internal relationship with the Deceased. Even according to the statement made by the Defendant in an investigative agency, the period during which the Defendant and the Deceased were to be restricted is the period during which the legal relationship between the Plaintiff and the Deceased was maintained.

The above act of the defendant is an unlawful act that infringes on the rights of the plaintiff and the deceased as a spouse under the law, and the plaintiff suffered a considerable amount of mental suffering.

Therefore, the defendant has a duty to pay the above mental suffering of the plaintiff in money.

3. Determination as to the claim

A. Legal doctrine 1) Husband and wife has a duty to comprehensively cooperate with one another to maintain marriage as a common life and has the right to such a right. Therefore, in a case where a third party, by committing an unlawful act with either side of a couple, thereby infringing on the common life of the couple or interfering with the maintenance or maintenance of a marital life falling under the essence of marriage and infringing on the rights of the other spouse as the other spouse, thereby causing mental distress to the same, this constitutes a tort in principle (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). However, if the married couple was not yet divorced, but the married couple’s common life has not yet been extinguished and has become irrecoverable, the third party is the married couple’s husband and wife.