1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Summary of the parties' arguments

A. Although Plaintiff C knew of the fact that it is the legal spouse of the Plaintiff, the Defendant committed an unlawful act, such as maintaining internal relations with C from February 2016 to December 2016, and thereby, the Plaintiff and C’s marital relationship caused the failure.

Therefore, the defendant is liable to the plaintiff for damages under Article 750 of the Civil Act.

B. The defendant merely sent a close relation with the defendant C and did not commit an unlawful act.

In addition, the plaintiff and C are traveling together with their husband and wife, and they are also traveling together, so the marriage between the plaintiff and C cannot be deemed to have reached a failure.

Therefore, the defendant's liability for damages against the plaintiff is not recognized.

2. Determination on the cause of the claim

A. 1) In a case where a third party of the relevant legal doctrine has committed a adultery between a married couple and the other spouse, it constitutes a tort as an act infringing upon the rights of the husband or wife who is either intentionally or by negligence as to the other party, and thus, the other party is obligated to suffer mental pain (see, e.g., Supreme Court Decision 2010Meu79, Sept. 9, 2010). In addition, the term “illegal act committed by the spouse” under Article 840 subparag. 1 of the Civil Act refers to a wider concept including livers, but does not reach the adulterys, but includes any unlawful act not conforming to the husband’s emotional duty, and whether it is an unlawful act or not shall be assessed in consideration of the degree and situation of each specific case (see, e.g., Supreme Court Decision 2010Meu4095, Nov. 28, 2013) and the existence or absence between the Defendant and the Defendant under Articles 1 through 10 through 10 (Ga number 216).