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(영문) 창원지방법원진주지원 2017.07.14 2016가단34010
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from August 20, 2016 to July 14, 2017.

Reasons

1. Basic facts

A. The plaintiff is a married couple with C on February 2, 1994, and there is D (E) and son F (G.) who has attained majority among them.

B. Around June 2014, the Defendant came to know C at the motive group of an elementary school, following the Defendant’s initiative at C’s elementary school, and maintained an inappropriate relationship with C, including, from around 2015, the content of “self-help, love,” and “competing,” which can see that C’s spouse is one of his/her spouse.

C. On May 4, 2016, C filed a lawsuit for divorce, etc. against the Plaintiff by asserting that “C had been unable to recover due to the Plaintiff’s fault before establishing an improper relationship with the Defendant,” as the court of this case, “C and the Plaintiff’s marital life had already been destroyed to the extent that it was impossible to recover due to the Plaintiff’s fault.” This court appears to have “C and the Plaintiff’s marital life in the process of marriage” on April 19, 2017, but the conflict or dispute is not deemed to have reached a failure of marital life, but it does not appear that such conflict or dispute has reached a failure due to the Plaintiff’s cause attributable to the Plaintiff. Rather, it appears that C concluded an inappropriate relationship with the Defendant, and thus, C’s claim for divorce is dismissed” on the ground that “The claim for divorce is assessed as a responsible spouse’s claim for divorce,” and the appellate court’s final appeal is continuing to continue to exist as of the date of final appeal by the Changwon District Court under the title 201750.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1, 2-2, Gap evidence 6, Gap evidence 7, Gap evidence 10, Gap evidence 11, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The essence of marriage is that a third party, who has a liability for damages, intervenes in a marital life of another person, thereby causing the failure of a marital life.

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