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(영문) 서울중앙지방법원 2019.10.10 2018가단5088513
손해배상(기)
Text

1. From May 9, 2018 to May 31, 2019, Defendant B paid KRW 50,000 to the Plaintiff and the following:

Reasons

1. The facts of recognition ① The plaintiff and the non-party D (hereinafter referred to as "non-party D") are legally married couple who completed the marriage report on October 25, 2000, and have two children who were born in 2001 and 2002 under the sus, and the defendant C is the mother of the defendant B.

② From June 2016, the Nonparty and Defendant B had been living in the Non-Party’s residence in around November 2016, and committed unlawful acts, such as establishing an inhumanity relationship.

③ On the other hand, around August 22, 2017, Defendants and children of Defendant B filed a move-in report to the address of the Nonparty’s resident registration domicile (B), and Defendant B was registered as the Nonparty’s spouse, Defendant C was the head of the family, and Defendant B’s two children were registered as the Nonparty’s children. At the time of the move-in report made in the name of Defendant C, the move-in report was indicated in the column of “family(family, marriage, divate, etc.)” among the reasons for transfer.

④ In 2019, Defendant B gave birth to a child who had a child between the Nonparty and the Nonparty, and despite the Plaintiff’s continued demand, Defendant B appeared to have no view to arranging the relationship with the Nonparty until now.

⑤ Meanwhile, while the Nonparty filed a lawsuit against the Plaintiff for divorce, designation of parental authority, and child care with the Seoul Family Court 2018ddan3048, the Nonparty was sentenced to dismissal judgment on November 30, 2018. While the Nonparty appealed, the Nonparty was sentenced to dismissal judgment on May 10, 2019, and became final and conclusive.

[Ground of appeal] Facts without dispute, Gap evidence 1 through 28, Eul evidence 1 (including additional number), the purport of whole pleading

2. Determination as to the claim against the defendant B

A. According to the above facts of recognition, it shall be deemed that Defendant B provided the main cause for the Plaintiff’s family life or marital life to the extent of the failure of the Plaintiff’s family life by blocking the act of misconduct with the Nonparty, and it shall be sufficiently recognized that the Plaintiff was suffering from mental pain. Accordingly, Defendant B is liable to pay consolation money to the Plaintiff.

(b) against this;

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