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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The plaintiff asserts that the defendant, an elementary school teacher, committed an unlawful act with the plaintiff's husband C, thereby infringing on or interfering with the marital life falling under the essence of marriage, thereby infringing on the plaintiff's right as the plaintiff's spouse and causing mental suffering to the plaintiff. Thus, the defendant is obliged to pay consolation money of KRW 30,000,000 and delay damages to the plaintiff.
A third party shall not interfere with a marital life falling under the essence of a marriage by interfering with a marital life of another person by interfering with a marital life. A third party shall not interfere with a marital life falling under the essence of a marriage by committing an unlawful act with the either side of the married couple, thereby infringing on or interfering with the marital life falling under the essence of the marriage and infringing on the rights of the spouse as the spouse, in principle, constitute tort.
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). The Plaintiff and C filed a marriage report after the institution of the instant lawsuit on or around April 23, 2016, while entering a marriage with the Plaintiff and C. The Defendant did not dispute between the parties, but the evidence submitted by the Plaintiff, including evidence Nos. 2 and 4 (including the number of pages), is difficult to deem that the Defendant committed an unlawful act with C, as alleged by the Plaintiff, thereby infringing on or impeding the communal life of the married couple falling under the essence of the marriage between the Plaintiff and C, and there is no evidence to acknowledge otherwise.
Therefore, the plaintiff's claim of this case is without merit.
2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.