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(영문) 인천지방법원 2020.11.11 2019나73041

손해배상(기)

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant married on May 9, 1986, but they married on December 19, 2006.

The plaintiff and the defendant live together and live together even after the divorce.

B. Around March 2011, the Defendant demanded the Plaintiff to report the marriage, and the Plaintiff did not immediately respond to the Defendant’s request for the report of marriage on May 4, 201, and reported the marriage to the Plaintiff’s Bupyeong-gu Incheon Bupyeong-gu Office (hereinafter “instant marriage”) without confirming the Defendant’s intent to marry.

C. Around May 11, 2011, the Plaintiff and the Defendant drafted a written confirmation (hereinafter “written confirmation of May 11, 2011”) stating, “The Defendant and the Plaintiff agreed to divorce on May 11, 201, and the Plaintiff paid KRW 60,000,000 per day to the Defendant by June 10, and at the same time, the Defendant transferred G apartment H to the Plaintiff and completed all the procedures by June 10, 201. When the divorce procedures are completed by June 10, this document will lose its effect and destroy it).”

The Plaintiff filed a complaint with the Plaintiff on the grounds that the Defendant was sent to I and D around January 2014 and February 2014, but the Prosecutor of the Incheon District Public Prosecutor’s Office did not actually live together with the Plaintiff and the Defendant from December 2010 to the present day, and maintained a separate living for three years after the Defendant’s letter of confirmation was prepared on May 11, 2011, and determined that there was an end for the adultery between the Plaintiff and the Defendant as a result of the de facto termination of the marriage between the Plaintiff and the Defendant before the passage of the Defendant, and that there was no prosecution right against the Defendant.

E. On March 3, 2014, the Plaintiff filed a lawsuit against the Defendant for divorce under the Incheon District Court 2014ddan4088, but withdrawn on March 21, 2014.

Since then, the defendant's judgment against the plaintiff in Incheon Family Court 2014Dhap10134 is the case of divorce, consolation money, and property division lawsuit against the plaintiff.

The plaintiff filed a suit, and the plaintiff filed a suit.