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(영문) 대전지방법원 2016.11.10 2015가합103696
손해배상(기)
Text

1. Defendant C’s KRW 30 million and, with respect thereto, KRW 5% per annum from June 26, 2015 to November 10, 2016, and the following:

Reasons

1. Presumed facts

A. The plaintiff A and the defendant C completed the marriage report on October 12, 1961, and among them the plaintiff B and six women who were children.

B. Around 2007, Plaintiff C filed a divorce lawsuit against Defendant C, and Defendant C filed a claim for divorce and division of property (the principal lawsuit, 2007da21310 (the principal lawsuit, 2008dadan4053 (Counterclaim))). Defendant C assaulted Plaintiff C several times, and repeated withdrawals, and Defendant C dismissed Defendant C’s counterclaim on the ground that it cannot accept the claim for divorce by the responsible spouse for two years after leaving the lawsuit around 1995, by recognizing that Defendant C was living together with Defendant E for two years. Plaintiff A expressed his intent to withdraw the lawsuit while the lawsuit is pending and the principal lawsuit of Plaintiff A was dismissed.

C. Around 2012, Defendant C brought a lawsuit claiming divorce, division of property, and consolation money against the Plaintiff A.

(C) On the other hand, the court below rejected the Plaintiff’s claim for divorce against Defendant C, a responsible spouse, and accepted the Plaintiff’s claim for divorce on the ground that the Plaintiff and Defendant C were responsible for the failure of marriage and the degree of responsibility is equal. However, there is no evidence to acknowledge that Defendant C continued to have an inappropriate relationship with Defendant E even after the first divorce judgment. In full view of the cause and process of the failure of marriage relationship, including the Plaintiff and Defendant C’s living without the substance of marriage, the Plaintiff did not make a substantial effort to recover the marriage, and the Plaintiff continued to file a lawsuit between both parties, the court affirmed the Plaintiff’s claim for divorce without accepting the Plaintiff’s claim for divorce on the ground that both the Plaintiff and the Defendant A are responsible for the failure of marriage and the degree of responsibility is equal. The court affirmed part of the claim for division of property,

Accordingly, both the plaintiff A and the defendant C have appealed, and the appellate court has partially modified the part concerning the claim for division of property and dismissed the remainder of appeal.

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