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(영문) 수원지방법원 2018.12.20 2018가단506649
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact that the Plaintiff and C completed the marriage report on June 8, 1993 and had two children under the chain was a legally married couple, and on August 30, 2013, a divorce by agreement was not disputed between the parties, or that there was no dispute between the parties, and the fact that the agreement was reached on August 30, 201 may be recognized according to the respective descriptions of evidence A A 1 and

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that, around 2013, the company run by the Plaintiff had extreme managerial difficulties, and maintained a de facto marital relationship by making a disguised divorce with C to protect the Plaintiff’s and the Defendant’s property, but thereafter, maintaining a de facto marital relationship by living together with C at a single house with C, while continuing a substantial marital life.

However, the Defendant knew that C was in de facto marital relations with the Plaintiff, maintained a closed space with C from around 2015, maintained several conversations with C, and took a photograph differently from C on June 26, 2016. On November 25, 2017, around 7:30, the Defendant 7:30 p.m. 20 p.m., carried a boom with C and C and C and C and carried their body in the “D” while riding the car at the same time, and divided up to 10:45 p.m. with the Plaintiff, and continued to commit an unlawful act, such as exchanging C and E, even after committing the crime.

As above, the Defendant committed an unlawful act with C in a de facto marital relationship with the Plaintiff, thereby infringing the Plaintiff’s right as a de facto marital spouse and suffering mental suffering from the Plaintiff, and thus, the Defendant is obligated to compensate for mental suffering suffered by the Plaintiff as a tortfeasor.

Therefore, the defendant should compensate the plaintiff for consolation money of KRW 30,000,000 and damages for delay.

B. (1) A de facto marriage refers to a personal relationship in which the parties have a subjective intention to marry between themselves, and the parties objectively have a substance of marital life to the extent that they can be seen as a marital community in terms of the order of family in light of social norms, but the report of marriage is formally lacking.

Supreme Court Decision 206Da1448 delivered on March 24, 2006

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