손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff was married on May 4, 1997 with C and C, and completed the marriage report on August 2, 1997. On July 11, 2013, the Plaintiff was a legally married couple who completed the second marriage report on November 12, 2013, and the Plaintiff and C have one male and female children between them.
From September 2015 to September 15, 2015, the Defendant sent telephone communications and message to C, sent cars, taken meals, etc., received batling gifts from C on November 2015. From November 13, 2015 to November 15, 2015, the Defendant made a trip to C and Jeju-do.
[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-1, 3, 5-9, Gap evidence 4-6, and 8, Eul's testimony and the purport of whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion that: (a) the Defendant committed an unlawful act from December 16, 2014 with C and C, who knew or did not know that C was the spouse’s spouse; and (b) thereby, the marriage between C and C led to failure.
Since the plaintiff suffered mental pain, the defendant is liable to pay consolation money of KRW 30,000,00 to the plaintiff.
B. As to whether the Defendant knew or did not know that the Defendant was a spouse of C, it is not enough to recognize the record of health class, evidence No. 11, and there is no other evidence to acknowledge it.
(C) According to the witness C’s testimony, the Defendant testified to the effect that “C is divorced with his wife at the time of introducing himself to the Defendant, and she was satisfying with his wife at the time of his wife’s absence.” Therefore, the Plaintiff’s claim seeking liability for damages to the Defendant on the premise that C was aware or was negligent on the part of her spouse, on the premise that C was aware or was negligent.
3. If so, the plaintiff's claim of this case is dismissed as it is without merit.