Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The Plaintiff asserts that, while maintaining the de facto marital relationship between the Plaintiff and the Plaintiff’s spouse in a de facto marital relationship, C commits an unlawful act with C while being aware that C was a de facto marital spouse, thereby causing the failure of the said de facto marital relationship and causing mental suffering to the Plaintiff, the Plaintiff should compensate for 30 million won as consolation money.
In principle, a third party's act of infringing a marital life falling under the essence of marriage (including a de facto marriage and legal marriage) by committing an unlawful act with a spouse, or interfering with the maintenance thereof and infringing the spouse's right as the spouse, constitutes a tort in principle. However, the evidence submitted by the plaintiff in the lawsuit in this case alone is insufficient to recognize that the defendant committed a fraudulent act with C while knowing that he is maintaining a de facto marital relationship, and there is no other evidence to acknowledge this otherwise, the plaintiff's above assertion is without merit.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.