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 and C are legally married couple who completed the marriage report on December 20, 2002, and have two children (204, 2006, 2006) under the chain.

B. The Defendant knew to C and the workplace rent, and took part in C from August 2016, and her sexual intercourse with C, etc.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 3 (including each number), the purport of the whole pleadings

2. The defendant's judgment on the main defense of the defendant's main defense includes a claim against a third party for damages caused by divorce, since the defendant alleged that the lawsuit of this case constitutes a family litigation case under Article 2 (1) 1-2 of the Family Litigation Act and falls under the exclusive jurisdiction of the family court.

The meaning of “the” refers to a claim for damages against mental suffering caused by divorce itself, and the claim for damages arising from individual grounds constituting a cause of judicial divorce falls under civil cases. The lawsuit of this case is not brought by the plaintiff on the grounds of divorce. Thus, the defendant’s defense is without merit.

3. Judgment on the merits

(a) A third party shall not interfere with a marital life which corresponds to the nature of the marriage, such as intervening in a marital life of another person and causing a failure of the marital life;

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 right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(See Supreme Court Decision 2004Da1899 Decided May 13, 2005, and Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.) B.

According to the above facts of recognition, the defendant committed an unlawful act, such as joining C with the knowledge that C is a spouse, and the defendant is a couple's community life of the plaintiff.