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. The plaintiff is a legally married couple who completed the marriage report with C on May 10, 1990, and has three children among them.

With knowledge of the existence of a spouse, the Defendant: (a) from January 2018, sent contact with C with each other; (b) maintained a travel relationship with C; and (c) committed an unlawful act, such as sexual intercourse at the conference with C on January 14, 2018.

On February 20, 2018, the Plaintiff sent a mobile phone message to the Defendant, “I am far away from South Korea’s male ditch and do not have any error now,” and the Defendant sent to the Plaintiff a mobile phone message to the Plaintiff, “I am in the house, if the president is in the house, I am in the house, I am in the room. I am in the outside. I am in the way that I am responsible for the width outside of the forum.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4 (including branch numbers, if any; hereinafter the same shall apply) and the overall purport of the pleadings [the evidence No. 5] appears to have recorded the conversations between the plaintiff and the defendant on the plaintiff's vehicle by means of a black box box, and anyone cannot record the conversations between others that are not open to the public, and the recording cannot be used as evidence in trial proceedings (Articles 14 and 4 of the Protection of Communications Secrets Act). The above transcript cannot be used as evidence in this trial proceedings];

2. Determination

A. The act of a third party making a judgment on the cause of the claim, which infringes on a couple's communal life falling under the essence of marriage or interferes with the maintenance thereof and infringes on the right as the spouse, thereby causing mental suffering to the spouse, constitutes a tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts of recognition, the Defendant has a spouse in C.