2018Dhap20087 Compensation (as referred to in this paragraph)

A

Section B.

November 14, 2019

December 12, 2019

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

The defendant shall pay to the plaintiff 30,00,000 won with 15% interest per annum from the day following the service date of a copy of the complaint of this case to the day of complete payment.

1. Facts of recognition

A. The plaintiff and Byung are legally married couple who completed the marriage report on August 3, 2002.

B. The defendant is a workplace worker who works concurrently at ○○○○○ at the same time, and the defendant became aware of Byung's disease at this time.

C. C. On March 4, 2017, Byung began to reside in the house where the Plaintiff was living together with ○○○○, and the Plaintiff and Byung were separated from around that time to that day.

D. On March 30, 2017, Byung filed an application for mediation against the Plaintiff for judicial divorce and consolation money, etc., and the Plaintiff filed a lawsuit seeking judicial divorce and consolation money against Byung on June 2, 2017.

E. On June 5, 2017, the Defendant visited the studio as set forth in paragraph (c) and returned home on the following day, where C was residing after C’s leave of absence.

[Grounds for Recognition] Each entry in Gap evidence Nos. 1, 3, and 4 (each number includes numbers; hereinafter the same shall apply), and the purport of the whole pleading

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion

The Defendant committed an unlawful act by both the Plaintiff and the Defendant’s spouse under the law, thereby causing a malking of the marriage relationship between the Plaintiff and the Defendant. Therefore, the Defendant should pay 30 million won as consolation money for mental suffering caused by the failure of the marriage relationship.

(b) Markets:

According to the above facts, it seems that the defendant visited the residence of a sick person on June 5, 2017 and returned home on the following day, etc. However, considering the fact that the defendant visited the residence of a sick person, the defendant's visit to the residence of a sick person is after the failure of the relationship between the plaintiff and the sick in the marital relationship with the defendant during the marriage period, the evidence presented by the plaintiff alone was insufficient to recognize that the relationship between the plaintiff and the Byung was extinguished due to the failure of the marriage between the plaintiff and the sick person on the ground that the Byung visited the residence of a sick person and returned home on the next day. However, there is no evidence to prove otherwise.

Therefore, the plaintiff's assertion is without merit without further examination.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judges Park Jae-won

Judges Lee E-young and Maternity Leave unable to sign and seal

The presiding judge

Judges

Judges Na Jae-young