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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The court's explanation on this part of the facts of recognition is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420
2. Determination
A. A. 1) A third party’s liability for damages may not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal life of another person. A third party’s unlawful act may interfere with a couple’s communal living falling under the marital nature by infringing on or maintaining a couple’s communal life falling under the essence of marriage and by infringing on the spouse’s rights as the spouse. In principle, tort liability owed by either spouse and the third party constitutes a tort. Furthermore, tort liability owed by the spouse is jointly and severally liable (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 201). In addition, “illegal act committed by the spouse” under Article 840 subparag. 1 of the Civil Act is a larger concept than inter-Korean language, but it does not reach the inter-Korean common life, and thus, constitutes a violation of the Plaintiff’s duty of good faith and good faith among the spouses (see, e.g., Supreme Court Decision 88Meu87, May 24, 1988).