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(영문) 부산지방법원 동부지원 2018.11.01 2018가단203977

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a legal spouse who completed the marriage report on February 2, 1994 with the non-party C and the non-party C have the children of October 1995 and their children on February 2, 200.

B. From around 2015, the Defendant established an inappropriate relationship with Nonparty C.

C. Nonparty C filed a lawsuit against the Plaintiff for divorce, etc. by the Changwon District Court Branch 2016Ddan10794 (Seoul District Court 2017Redor 50510). The said court dismissed Nonparty C’s claim for divorce on the ground that the conflict or dispute between the Plaintiff and Nonparty C was not to the extent of the failure of marriage, but the conflict or dispute between the Plaintiff and Nonparty C did not constitute an inappropriate relationship with the Defendant, and Nonparty C did not have any special circumstances to accept Nonparty C’s claim for divorce against the Plaintiff’s intent to maintain the marriage.

In addition, the appellate court dismissed the appeal of Nonparty C, and the dismissal ruling of the first instance court became final and conclusive on December 1, 2017.

(hereinafter “Plaintiff’s divorce lawsuit”). D.

After the judgment of the first instance court of a divorce lawsuit, the Plaintiff filed a claim suit against the Defendant for damages due to an unlawful act with the Nonparty C as the Jinwon District Court Branch Decision 2016No34010.

On July 14, 2017, the above court sentenced the Defendant to pay KRW 15 million and delay damages therefor. On August 1, 2017, the judgment of the court of first instance became final and conclusive on August 1, 2017, upon withdrawal of an appeal.

(hereinafter referred to as “the preceding lawsuit”). (e)

Even after the claim for divorce is dismissed, Nonparty C continues to be separated from the Plaintiff and maintains the relationship with the Defendant.

[Ground of recognition] Unsatisfy, Gap 1 to 7 evidence, Eul 3 evidence (including additional number), the purport of the whole pleadings

2. The plaintiff's assertion is trying to recover the relationship with the non-party C even after the divorce lawsuit. The defendant still continues to exist with the non-party C and continues to commit an unlawful act, and the plaintiff and the non-party C have caused the failure of the marriage. Accordingly, the plaintiff's assertion has been made.