1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on February 1, 1975.

B. From January 2017 to July 2017, the Defendant maintained an unlawful relationship between C and his/her spouse while having become aware of his/her spouse, such as return to C, and had sexual intercourse with C over several occasions at home and telecom, etc.

C. On the other hand, on November 7, 2018, the Plaintiff was convicted of the following facts constituting a crime in the defamation case of Seoul Central District Court 2018 High Court 2018 High Court 1802.

1) On June 2017, the Plaintiff damaged the Defendant’s reputation by publicly pointing out facts by stating that “The Defendant and C are in in influorial relationship with the neighbors, and he was playing in Han River at the same time.” From around July 2017, the Plaintiff damaged the Defendant’s reputation by publicly pointing out the facts to the Defendant. 2) around July 2017, the Plaintiff at a Buddhist area where Seoul was not more than Seoul and less than Seoul, saying “I am influorite, I am influor, and I am in the Plaintiff’s house. I am influorial area.”

3) Around June 2017, the Plaintiff damaged the Defendant’s reputation by openly pointing out false facts by stating that the Defendant did not have used the money with the Plaintiff’s husband via a set of passbook C, which is the Plaintiff’s husband. However, the Defendant used the money with the Defendant’s passbook C, using the fact that the Defendant was in in an infinite relationship with C.”

2. Determination as to the principal lawsuit

A. In principle, a third party’s act of infringing on or interfering with a couple’s communal life falling under the essence of marriage and infringing on the spouse’s rights thereto by causing a third party to commit an unlawful act with the spouse, thereby constituting a tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015).