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(영문) 서울중앙지방법원 2016.06.15 2015가단5376738
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

The plaintiff's assertion is as follows.

The Plaintiff first became aware of D around March 2009 (hereinafter “the Deceased”), and thereafter became de facto in a de facto marital relationship, such as the mother of the Deceased’s disease and her living together with the Deceased from around 2013.

However, since August 2015, the deceased committed suicide on the 18th of the same month as the symptoms showed.

A deceased's suicide while maintaining a de facto marital relationship with the Plaintiff is a husband or wife's living together, support, and cooperation duty. This constitutes a bad faith abandonment, and the deceased shall be liable for damages caused by an improper destruction of a de facto marital relationship.

Therefore, the Plaintiff sought compensation of KRW 100 million against the Defendants, the deceased’s heir.

When one spouse has deserted the other spouse in bad faith under Item 2 of Article 840 of the Civil Code means that the spouse has renounced the obligation as a couple to live together, provide support or cooperate with one another without any justifiable reason and the other has deserted it.

(See Supreme Court Decision 96Meu1434 delivered on April 10, 1998. However, it cannot be deemed that one spouse of a de facto marital party left the other spouse with the intention of committing suicide (in a case where one spouse of a de facto marital party dies, deeming suicide as abandonment exceeds the scope of interpretation on the ground that the claim for division of property or inheritance of a surviving one’s surviving spouse is not recognized). The Plaintiff’s assertion based on the premise that suicide of the deceased constitutes bad faith abandonment is no longer reasonable.

In addition, the plaintiff argues that even if a de facto marital relationship terminates due to one's death, the provisions on the right to claim property division should apply mutatis mutandis so that liquidation of property formed during the de facto marital relationship should be recognized

Property division claim is under the jurisdiction of the family court, and the plaintiff explicitly claims property division.

It emphasizes the need to protect a de facto marriage spouse rather than it.

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