손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 40,000,000 to the Plaintiff (Counterclaim Defendant) and its payment from October 3, 2018 to June 14, 2019.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Plaintiff is a legal spouse who completed a marriage report with Nonparty C on May 1, 2012.
B. C around January 8, 2013, upon birth between the Plaintiff and the Defendant, came to teach the Defendant while continuing the marriage relationship.
C. On June 9, 2016, the Plaintiff, who became aware of the fact, filed a lawsuit against Suwon District Court Decision 2016Ddan505360, claiming divorce and division of property, etc. against C, and claiming damages against the Defendant based on an unlawful act (hereinafter “prior lawsuit”). D.
On August 31, 2016, the Plaintiff withdrawn a lawsuit against C in the pending lawsuit. On November 18, 2016, the court of the preceding lawsuit concluded the pleadings of the preceding case, and made a decision of recommending reconciliation (hereinafter “decision of recommending reconciliation of this case”) on November 29, 2016, as follows.
The decision to recommend reconciliation in this case was delivered to both the plaintiff and the defendant on the same day, and it was finalized on December 14, 2016.
The defendant shall pay to the plaintiff KRW 10,000,000,000 each in three installments until December 31, 2016, and KRW 10,000,000 until June 30, 2017, and KRW 10,000,000 each until December 31, 2017. If the defendant delays the above installment payment at one time, the defendant shall immediately lose the interest in the installment repayment, and shall pay to the whole amount of the amount payable up to that time by adding the damages for delay calculated at the rate of 15% per annum from the day following the day of loss of the interest in the installment repayment to the day of full payment.
E. Meanwhile, around May 2017, the Defendant was pregnant between C and C, and gave birth to E, who is his or her child.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, 14, Eul evidence No. 3, the purport of the whole pleadings
2. Determination on the main claim
A. A. A third party of the relevant legal doctrine regarding the occurrence of liability for damages is also involved in a married couple’s communal life, resulting in the failure of a married couple’s communal life, and thus, a married couple’s communal life.