The case holding that a de facto marital failure is liable for the expenses of marriage to the party responsible for the failure of marriage

Marriage or marriage ceremony is a customary sense on the premise of marriage, barring any special circumstance, that the combination of men and women is socially recognized as a marriage. Therefore, in a case where the parties are unable to reach a de facto marriage within a time limit not recognized as having reached a de facto marriage and have been dissolved and the expenses required therefor are deemed to be an expenditure of dance, the party who has paid the expenses may seek compensation from the party liable for failure in de facto marriage, unless there are special circumstances.

Articles 806 and 843 of the Civil Act

Claimant

appellees

Gwangju High Court Decision 84Reu21 delivered on June 5, 1984

The appeal is dismissed.

The costs of appeal shall be borne by the appellee.

The grounds of appeal are examined.

1. The court below's reasoning stated that the appellant and the respondent agreed to marry by intermediary, and completed a new marriage travel on December 26, 1982, and completed a living as a husband and wife at around December 30 of the same year, and the respondent and his mother demanded that the mixed goods, such as home goods, etc., possessed by the claimant from that time, be borne further, and the co-defendant of the court below's decision requires that the mixed goods, such as home goods, etc., carried by the claimant from that time to that time, fall short of the mixed goods, and the appellant's friendship with the claimant at the same time on January 10, 1983, and returned to the appellant's friendship, and the claimant returned to the respondent again with the father's opinion, and the respondent still remains aware of the above fact that the respondent's failure was caused by an act of stabilizing de facto marriage between the claimant and the claimant's 25 weeks, and that the respondent's failure was caused by the above acts of stabilizing the defendant's death.

2. In the event that the marriage ceremony or marriage ceremony is a customary consciousness to be recognized socially as a marriage on the premise of being married, barring any special circumstance, the party who has paid the cost can seek compensation from the party liable for failure in a de facto marriage, in a case where the party fails to reach a de facto marriage within a time limit not recognized as having been living as a community after the marriage, and the relationship is resolved and the expenses required therefor are deemed to be a dance, in a case where the marriage ceremony or marriage ceremony is deemed not to be a dance, and the party liable for failure in a de facto marriage is able to seek compensation from the party liable for failure in a de facto marriage.

In the former part of this case, the de facto marriage relationship was resolved due to the respondent's act of care within a short period of not more than two months, and it did not reach the marital life, that is, the de facto marriage. Therefore, the claimant can claim compensation for the expenses incurred in the de facto marriage he paid.

In this regard, the theory that the decision of the court below ordering the compensation is justifiable, and that there is no liability for damages as a opposing opinion cannot be adopted.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeon Soo-hee (Presiding Justice)