손해배상(기)
1. The Defendant’s KRW 20,000,000 as well as its annual rate from May 9, 2019 to December 18, 2019 to the Plaintiff.
1. Facts of recognition;
A. On October 12, 2001, the Plaintiff and the married couple who completed the marriage report with C on October 12, 2001, have three children.
B. Since around July 2018, C and the Defendant committed an unlawful act while living together with the Defendant, around July 2018, C purchased D apartment E in the name of the Defendant for KRW 168 million in Gwangju Metropolitan City Mine-gu, Gwangju Metropolitan City, and lived together with the said apartment.
C. On the other hand, on October 17, 2018, C made a written agreement that “A shall assault and assault the Defendant and damaged property, and the Defendant filed a complaint against C. On October 19, 2018, the Plaintiff, the Defendant, and C shall waive all claims against the Plaintiff, and the property was damaged.” On October 19, 2018, C drafted a written agreement that “Around October 19, 2018, the Plaintiff shall waive the right to claim damages due to the Plaintiff’s unlawful act, and the Plaintiff shall waive the right to claim damages due to the said act, and (b) confirmed that the ownership of the apartment mentioned in the above paragraph (b) is the Defendant; the Defendant shall liquidate the relationship
However, even after the preparation of the above agreement, C and the defendant committed a fraudulent act by living together again from October 25, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 2, the purport of the whole pleadings
2. The defendant made a written agreement to waive the right to claim damages due to the plaintiff's unlawful act on the part of the defendant's defense prior to the merits. This constitutes an agreement to claim damages due to the plaintiff's unlawful act, and thus, asserts that the lawsuit of this case filed against the plaintiff is unlawful.
However, in this case, the plaintiff is not bound by the above agreement, since he seeks damages for fraudulent acts after October 19, 2018, which is the date of the preparation of the agreement in this case.
3. Determination
(a) A third party shall not interfere with a married couple's communal living which corresponds to the essence of a marriage, such as causing a failure of a married couple's communal living by intervening in a marital life of another person;
A third party has committed a fraudulent act with either side of the married couple.