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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Occurrence of liability for damages;
(a) Even if a third party is involved in a marital life of another person, which is equivalent to the essence of the marriage, such as causing a failure of a marital life by intervening in a marital life of another person, and the act of a third party to infringe on or interfere with a marital life which corresponds to the essence of the marriage by committing an unlawful act with one of the married couple, and thereby inflict mental pain on the spouse by infringing on the right as the spouse; and
(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014 (see, e.g., Supreme Court en banc Decision 2011Meu2997). “Unlawful conduct by a spouse” refers to any conduct that does not reach a common sense, but does not faithfully fulfill the duty of mutual assistance of both spouses, and whether it is an unlawful conduct or not, should be evaluated in consideration of the degree and circumstances depending on the specific case.
(See Supreme Court Decision 87Meu5, 87Meu6, May 26, 1987; Supreme Court Decision 2002Meu678, Dec. 6, 2002, etc.) B.
In full view of the contents and images of Gap's 1 through 3, 5 through 7, 9, 10, 13, and 14 (including numbers), the following facts are recognized.
1) The Plaintiff is the spouse of C who completed the marriage report with C on May 18, 2015. 2) On February 22, 2017, the Defendant first met C in the “D” club located in Busan on February 22, 2017, and even after C’s spouse was aware that C was his/her spouse, the Plaintiff continued to contact C with C, and went south in Busan, etc.
3) C는 피고와의 관계를 원고에게 들키지 않기 위하여 피고의 이름을 E로 저장하여 F 메시지와 G 전화를 하여 왔다. C가 피고에게, 원고로부터 핸드폰 검사를 받았다고 이야기하자 피고는 내용을 삭제하라는 취지의 메시지를 C에게 보냈다. 4) 피고가 2017. 5.경 C에게 “언ㄴ넘오숑”, “보고싶다”라고 메시지를 보내자 C가...