손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Grounds for the plaintiff's claim
A. The Plaintiff is a legal couple who completed the marriage report on November 17, 2000 with Nonparty C.
The defendant committed an unlawful act with C and incompact relationship with C, thereby causing the failure of the relationship between the plaintiff and C and causing mental suffering to the plaintiff.
B. From June 2014, C demanded a divorce to the Plaintiff, and even if she speaks that he/she would commit suicide before seeing his/her father, C began to live with studio alone on June 26, 2014.
C. From June 29, 2014, the Plaintiff appeared to have observed an interview with the Defendant and C in the above studio, etc., and on July 5, 2014, he/she observed that he/she performed a pet act within the train.
Ultimately, the Plaintiff filed a divorce lawsuit against C on July 11, 2014.
On July 15, 2014, the plaintiff observed that the defendant and C enter the above studio together, reported to the police, and the police collected the guns to enter the studio and confirmed the physical reaction between the defendant and C.
E. However, even after the Defendant and C continued to commit an unlawful act.
F. Since the Plaintiff suffered serious mental pain, the Plaintiff sought a payment of consolation money of KRW 50 million to the Defendant.
2. The defendant's defense or assertion that ① a claim for damages caused by a tort is extinguished by prescription if it is not exercised for three years from the date on which the plaintiff and the defendant become aware of the damage and the perpetrator. The claim for damages arising from an act committed by the plaintiff and the defendant before the failure of the marriage became extinct due to the completion of such short-term statute of limitations, and ② an act
3. Determination
A. Article 840 of the Civil Act provides that “When there is a serious reason for making it difficult to continue the marriage,” the time when the marriage failure occurred and the subsequent actions constitute a tort, it shall be deemed as the grounds for divorce.