1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Facts of recognition;

A. On December 27, 1994, the Plaintiff and C resided together with three children (the children of 1996, 1997, and 2001) under their marriage.

B. On November 23, 2015, the Defendant and C attended a club of the club on the same day, together with drinking, and thereafter, had sexual intercourse in C’s new wall on the following day.

Even though the defendant had directly observed the above wrongful face, he had a face to send time together with C at the same time with C even though he had died.

C. A around January 2018, around C01, 2018 sees a deadly baby and lives separately with the Plaintiff.

[Ground for Recognition: Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1 through 3, Gap evidence 3, Gap evidence 4-1, 2-2, and the purport of whole pleadings]

2. Determination

A. 1) A third party’s liability for damages shall not interfere with a couple’s community life falling under the essence of marriage by intervening in a couple’s community life of another person. A third party’s unlawful act with a spouse, thereby infringing on a couple’s community life falling under the essence of marriage or interfering with its maintenance, and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes tort (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). In light of the above recognized facts, the Defendant, even with knowledge of the existence of a spouse C, thereby infringing on the Plaintiff’s community life or interfering with its maintenance, and infringing on the Plaintiff’s spouse’s right as the spouse. Thus, the Defendant is liable to compensate the Plaintiff for mental distress inflicted on the Plaintiff.

B. The above recognition of the scope of liability for damages and the marriage period and family relationship between the Plaintiff and C, the degree and period of fraudulent act, the degree of failure of the marital life caused by illegal act, and the Defendant’s attitude after illegal act.