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(영문) 수원지방법원 2020.05.19 2019나637

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance solicitor of a C Company from January 11, 2016 to February 2018.

B. Around 2016, the Defendant had livedd with D, but filed a claim for consolation money due to an unlawful reversal of a de facto marriage relationship with the Suwon District Court (2016ddan32507) by asserting that the Plaintiff and D had committed unlawful act.

C. On February 10, 2017, the above court dismissed the Defendant’s claim on the grounds that a de facto marital marriage with D, which was made in the state of legal divorce with the Defendant, cannot be protected. While the Defendant appealed with Suwon District Court 2017Reu822, the above appeal was dismissed on September 28, 2017.

The case is referred to as ‘the family litigation related to the case' as ‘the case'.

(D) On October 4, 2016, the Defendant filed a civil petition with the Financial Supervisory Service, including the purport of disciplinary action, because the Plaintiff and his/her spouse, were in inhumane relationship and caused the failure of home. (e) The Financial Supervisory Service ordered the aforementioned civil petition to be filed as soon as possible by transferring it to C, and even in C, the Defendant became aware of all the above civil petitions by the Defendant. [No. 1, 2, 3, and 6 of the grounds for recognition, and No. 8 of the evidence, the purport of the entire pleadings, and the purport of the whole pleadings.

2. Determination

A. According to the above facts finding that the defendant's liability for damages was not legally protected by law, the defendant's demand for disciplinary action referred to the fact that the plaintiff's act was not a matter unrelated to financial business to the Financial Supervisory Service, and the defendant's demand for disciplinary action constitutes an illegal act that unfairly infringes the plaintiff's peace in social and economic life by deviating from legitimate remedy measures that the defendant can take, and it is determined that the plaintiff suffered considerable mental suffering due to the above illegal act by the defendant.

On the other hand, the plaintiff is related to the defendant.