[2] In a case where a party has taken up a marriage ceremony and taken out a new marriage travel, but does not reach a common life of the married couple, if the failure occurred due to a cause attributable to either party, whether the party can claim mental damage compensation to the party liable to return, like in an unfair destruction of a de facto marriage (affirmative)

[2] Generally, a marriage ceremony (or a marriage ceremony) is a customary ceremony that goes through through a marriage with a view to being recognized in society, barring any special circumstances. Thus, if the parties put up a marriage ceremony and go up to a new marriage tour, the stage of a matrimonial engagement, which is an extent that they promised to enter the future simply in the future, has already been completed, but if the parties did not reach a common life, a de facto marriage has not yet been completed. However, even if it is not completed by a de facto marriage, it would normally lead to a common life in the case of a common life, and the degree of the combination between men and women in that stage is clearly distinguishable from that of a matrimonial relationship, and thus, it would be considerably different from that of a woman who has reached a de facto marriage. In this stage, if a failure has occurred due to a reason attributable to one party, the other party may seek mental compensation for the party liable for damages, like the wrongful reversal of a de facto marriage.

1. According to the reasoning of the judgment of the court below, the court below comprehensively based on the evidence adopted in its judgment, and found that the plaintiff met with the defendant on his own, but went to a 4-day marriage on September 24, 1995, including the defendant's running to a her tourist, but the defendant refuses only her sexual intercourse with the plaintiff, but only her sexual intercourse with the plaintiff on the following grounds of the second day at night, and completed her sexual intercourse with the defendant's friendship, and the defendant's family head at her friendship. However, the defendant tolds that the plaintiff's family head cannot live like the plaintiff's sleep because she did not have good mind for the plaintiff to arrive at her friendship house. The plaintiff went to her house without the plaintiff's ability to return to her family head without the plaintiff, and the defendant unilaterally notified the plaintiff of her sexual intercourse to the plaintiff, and the defendant did not directly obtain the plaintiff's ability to recover from her family head or her family member's ability to do so.

The court below based on the above facts, and in light of the fact that the marriage is a customary food to be recognized as a marriage and for the purpose of social certification as a marital community, it cannot be deemed that the plaintiff and the defendant have a de facto marital relationship between the plaintiff and the defendant, and even if not, the plaintiff and the defendant have a de facto marital relationship by raising a marriage awareness, it shall be deemed that the de facto marital relationship has been established by agreement between the plaintiff and the defendant. Since such de facto marital relationship or de facto marital relationship has broken down or terminated due to a cause attributable to the defendant, the defendant is responsible for compensating the plaintiff for mental damage caused by such failure, the court below accepted the plaintiff's claim for consolation money of this case within the limit of its stated amount.

2. Generally, a matrimonial engagement is established when there is an agreement between the parties intending to enter into the future marriage without a special form. A de facto marriage is established when there is a subjective intention to marry and there is an objective objective substance to recognize a marital community life in terms of social norms (see, e.g., Supreme Court Decision 94Meu1379, 1386, Mar. 10, 195). However, in general, a marriage ceremony (or a wedding ceremony) generally means a customary sense that the combination of men and women premised on marriage can be recognized as a marriage in order to be socially recognized. Thus, if the parties put up their marriage awareness and agreed to marry in the future, it can be said that the stage of a matrimonial engagement, which is to the extent that they would be promised to marry in the future, has already been completed, but if it did not reach the common life of the married couple, it shall be deemed that a de facto marriage has not yet been completed as a de facto marriage at the same time as the parties did not reach the common life of both parties.

Upon examining the reasoning of the judgment below in light of the records on the premise of such legal principles, the court below is justified in finding that the plaintiff took up a marriage with the defendant and took out a new marriage, but the relation with the defendant has reached a failure due to the reason attributable to the defendant as stated in its reasoning, and then held that the defendant is liable to compensate for the plaintiff's mental damage caused by such failure. In this regard, there is no error of law by failing to exhaust all necessary deliberations or by misapprehending the legal principles on the reason attributable to the failure of the marriage, which affected the conclusion of the judgment.

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the defendant who is the appellant. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeong Jong-ho (Presiding Justice)