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인천지방법원 2019.12.13 2018나72706

1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be revoked, and the principal lawsuit in this case shall be the vice-committee of the Incheon Family Court.


1. The claim for damages caused by a judgment divorce on the exclusive jurisdiction of the principal claim is a family litigation case under Article 2(1)(a)(c)(2) of the Family Litigation Act, including a claim against a third party, and falls under the exclusive jurisdiction of the family court.

According to the evidence Nos. 109Da102964, Mar. 25, 2010). According to the evidence Nos. 2009Da102964, the Plaintiff and C completed a marriage report on Aug. 18, 1986 and completed a marriage report on Sept. 3, 2018, and the marriage relationship was resolved by a legal marital relationship on Sept. 3, 2018. The principal lawsuit of this case filed a claim against the Defendant for the payment of consolation money on the ground that the marriage relationship between the Plaintiff and C has occurred due to the Defendant’s wrongful act. Thus, such claim constitutes a claim for damages against a third party on the ground of divorce and falls under the exclusive jurisdiction of the Family Court.

2. Judgment on the counterclaim

A. On December 6, 2017, the Plaintiff: (a) found in the office E located in Yongsan-gu Seoul, Yongsan-gu, Seoul where the Defendant works for the Defendant; (b) caused injury to the Defendant, such as damage to the integrity, which is deemed to require approximately two weeks of treatment; and (c) damaged the Defendant’s reputation by openly pointing out false facts on the part of the employees of the above office at the hearing. (b) On December 6, 2017, the Plaintiff, at the law firm F office located in Yongsan-gu, Seoul, under the jurisdiction of Yongsan-gu, to the Defendant for a period of three hours, including “I would make one person’s first person’s demonstration before the company’s husband is prepared unless I prepare each letter,” stating, “I would make the Defendant threaten the Defendant to compensate for KRW 500 million on the part of the Plaintiff’s husband.”

3. In addition, on January 5, 2018, the Plaintiff assaulted to the Yongsan Police Station that “the husband of South and North Korea with love and complied with” in the Defendant G account.