2018dago 204417 Condolence Money, etc.

A person shall be appointed.

1. B

2. Sick:

January 23, 2019

February 13, 2019

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person.

The defendants jointly and severally pay to the plaintiff 30 million won with 15% interest per annum from the next day of the delivery of the complaint of this case to the day of full payment.

1. Facts of recognition;

A. On October 2015, the Plaintiff and Defendant B conspired with each other. On April 2016, the Plaintiff was receiving medical treatment at a hospital located in the workplace of Defendant B, which was located in the workplace of Defendant B, and frequently entered the house of Defendant B, and was closely connected with the Defendant’s family members. On February 6, 2017, the Plaintiff reported the Plaintiff’s transfer to the domicile of Defendant B.

B. Since the Plaintiff worked for the shipbuilding yard of the Sado system, the Plaintiff was only 1 week in Busan and only 20 million won in 1 week.

C. The Defendants first attended around November 2, 2017, and thereafter attended the Defendants from the next week.

[Ground of recognition] Gap evidence No. 1 and all purport of pleading

2. Assertion and determination

A. The plaintiff's assertion

On April 2016, the Plaintiff, as Defendant B’s proposal, went through hospital treatment at Defendant B’s house, and the Plaintiff naturally lived with Defendant B and his family members. From this point of time, Plaintiff and Defendant B were in a de facto marriage for about two years, but the de facto marriage occurred due to the Defendants’ misconduct, so the Defendants are jointly and severally liable to pay consolation money of KRW 30 million and delay damages to the Plaintiff.

B. Determination

De facto marriage refers to a case where there is an intention to marry between the parties and there is an substance of marital life that can recognize marital life in terms of family character with the objective of social concept.

According to Gap evidence No. 3 and Eul evidence No. 4, it is acknowledged that the defendant Eul's mother Kim 00, and the plaintiff around February 22, 2018, "the plaintiff recognizes that it is a de facto marriage for a period of two years by the plaintiff and defendant Eul." However, each of the above evidence is hard to believe in light of the fact-finding confirmation (Evidence No. 1, No. 1-2) that the defendant Kim 00 and Kim 00 opposed thereto.

In high, it is insufficient to recognize that a de facto marital relationship between the Plaintiff and the Defendant was established solely by their statements. In addition, the written evidence No. 3 and No. 8 submitted by the Plaintiff is insufficient to recognize that the Plaintiff had an intention to marry beyond a friendly marital relationship under the premise of marriage between the Plaintiff and the Defendant A, and that the Plaintiff had an substance of marital life in terms of social order and life in terms of social order. There is no evidence to acknowledge that there was a de facto marital relationship between the Plaintiff and the Defendant A, unlike the Plaintiff.

Therefore, under the premise that a de facto marital relationship exists between the plaintiff and the defendant Eul, and that a de facto marital relationship has ceased due to the defendants' misconduct, the plaintiff's intentional assertion seeking consolation money to the defendants is without merit without examining further.

3. Conclusion

The plaintiff's claim against the defendants is dismissed on the ground that all of the claims are without merit.

Judges Yoon Jae-nam