1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

1. Basic facts

A. The Plaintiff is a legal spouse of C, and has three children between C and C.

B. C, from January 2015 to October 30, 2016, when serving as public interest service personnel at the Seoul Administrative Court, became aware of the Defendant who served as a member of the public interest service personnel in the place of his/her employment. After having verified his/her marriage to the Defendant, C conspired with the Defendant from November 26, 2015 to October 30, 2016.

C. Meanwhile, around August 2016, the Defendant was pregnant with C due to an unlawful act with C, and around October 2016, the Defendant notified the Plaintiff of his pregnancy, and C also prepared litigation costs at the time of filing a divorce lawsuit against the Plaintiff.

[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 2, 4 through 8, 10 through 15 (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant, despite being aware of his/her spouse's existence, committed an unlawful act, such as sexual intercourse, and caused the failure of the relationship between the plaintiff and C, has a duty to compensate for mental damage suffered by the plaintiff.

B. The Defendant’s assertion C is a separate living between the Plaintiff and C for not less than 10 months, and a divorce lawsuit has been filed between the Plaintiff and C, and even while the Defendant and C were in conflict with the Defendant, the marriage life of the Plaintiff’s husband and wife led to the failure to recover objectively to the extent that it is impossible at the time of the Defendant’s expulsion with C.

Therefore, the defendant does not have a duty to compensate the plaintiff for mental damage, and even if it is recognized as household affairs, the amount of damages shall be extremely limited.

3. Determination

A. A. The third party who has caused the liability for damages, by committing a fraudulent act with the husband and wife, thereby infringing on the communal life of the husband and wife falling under the essence of marriage or interfering with the maintenance thereof, and infringing on the right as the spouse.