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(영문) 서울남부지방법원 2019.11.22 2019나52698

손해배상(기)

Text

1. Of the judgment of the first instance, the part on the merits in the judgment shall be revoked, and the Seoul Family Court shall be the Seoul Family Court.

Reasons

1. The claim for damages caused by divorce as to whether the principal part of the lawsuit is in violation of the exclusive jurisdiction is a multi-class family litigation case as provided by Article 2(1)1(c)2 of the Family Litigation Act, including a claim against a third party (see, e.g., Supreme Court Decision 2009Da102964, Mar. 25, 2010). The principal part of the lawsuit in this case is the claim for the payment of consolation money on the ground that the Plaintiff and C’s marital relationship between the Plaintiff and the Defendant has reached a failure due to the Defendant’s and C’s wrongful act (see, e.g., Seoul Family Court Decision 2019Da4291, Jul. 4, 2019).

. Such a claim is subject to the exclusive jurisdiction of the Family Court because it constitutes a claim for damages against a third party on the ground of divorce.

2. Judgment on the counterclaim

A. Facts 1) The Plaintiff is doubtful of the Buddhist relationship between husband C and the Defendant. On January 26, 2018, around 10:15, the Plaintiff told the Defendant at the Defendant’s house located in Maek kel kel kel kel kel kel kel kne kne kne kne kne kne kne kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn.).