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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the court’s explanation concerning the instant case is as stated in the reasoning of the first instance judgment, except for the addition of “a judgment as to the defendant’s defense of lack of jurisdiction” under the following, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(2) The court below's finding of facts and its determination are justifiable, even if the grounds alleged by the defendant in the first instance court during appeal do not differ significantly from the allegations in the first instance court, and all of the evidences examined in the first instance court and the first instance court are examined). 2. The defendant's finding of the defendant's violation of jurisdiction is justified. The defendant's finding of the court of first instance as to the defendant's violation of jurisdiction belongs to the exclusive jurisdiction of the family court in this case where the plaintiff filed a claim for damages due
However, a claim for damages caused by divorce, including a claim against a third party, shall be subject to the exclusive jurisdiction of a family court, as a case of family litigation of Category C as prescribed by Article 2(1)1(c)(ii) of the Family Litigation Act (see, e.g., Supreme Court Decision 2013Da10104, May 16, 2014). However, the Plaintiff’s claim is not a claim for damages arising from a tort, such as an unlawful act, not a claim for damages for which the marital relationship was extinguished on the ground of the Defendant’s wrongful act, but it is obvious that the claim is a claim for damages caused by the tort, such as an unlawful act, and unless there is any evidence to prove that the Plaintiff and C has divorced or is in a divorce lawsuit, the Plaintiff’s claim cannot be deemed as “claim for damages caused by divorce” and thus,
Therefore, the defendant's defense cannot be accepted.
3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.