Effect of the reservation of marriage of a person under the marriage age;

Even in the case of a minor under 15 years of age who is under 18 years of age at the time of the wedding, the reservation of marriage cannot be null and void, and at the time when the respondent reaches the marriage age, it should be deemed that the minor is under 18 years of age.

Articles 801 and 807 of the Civil Act

Claimant

appellees

Daegu District Court of First Instance (65d116, 117)

All appeals by the appellee and incidental appeals by the appellant are dismissed.

The expenses for appeal shall be borne by the appellee and the incidental expenses for appeal shall be borne by the appellant.

Among the original adjudication, the part of the claimant (hereinafter referred to as the respondent) failure shall be revoked.

The respondent (hereinafter referred to as the respondent) shall pay 300,000 won to the appellant.

The trial costs shall be borne by the respondent in both the first and second instances.

A provisional execution may be effected only under the above paragraph (2).

The part of the original adjudication against the respondent shall be revoked.

The claimant's claim is dismissed.

The claimant shall pay 250,000 won to the respondent.

Trial costs shall be borne by the claimant in both the first and second instances.

First, as to the claimant's claim of this lawsuit, since the claimant was 21 years of age and 15 years of age, 1963, the defendant was 1,000,000, and the defendant was 1,000,000 son and 6 years of age, and the defendant was 1,000,000 son and 6 years of age, and the defendant was 1,000 son and 1,000 son and 6 years of age, and the defendant was 1,000,000,000 6 days of age and 1,000,000,000 6 days of age and 1,000,000 7,000,000,000 won and 1,000,000,000 won and 1,000,000,000 won and 1,000,00,000.

The respondent is a minor under 15 years of age who is the defendant under 18 years of age at the time of the above wedding, and therefore the reservation of the marriage is null and void, but only the person under the age of marriage is the person under the age of marriage, so the contract of the marriage cannot be null and void, and the respondent bears an obligation to marry at the time of reaching the marriage age. Therefore, the argument is groundless.

Therefore, the respondent is obligated to compensate for mental and material damages suffered by the claimant due to the non-performance of the marital reservation and assault, etc., and further, the amount of damages is examined as to the claimant's mental damage caused by the claimant's failure to perform the promise of marriage with the respondent. If the claimant and the respondent's age, family environment, property and educational level, and all other circumstances revealed in the arguments of this case, it is reasonable that the respondent would pay 100,000 won to the claimant by paying 10,000 won. According to the contents of the evidence No. 3-1, No. 2 of the court below's witness's evidence No. 3-1, No. 2 of the defendant's testimony and the witness's testimony, the claimant can be recognized as having paid 29,250 won as medical expenses, but it is difficult for the claimant to request payment of 50,000 won for marriage expenses spent at the time of marriage and there is no reason to recognize the remainder of the claimant's remaining 291, and there is no reason to admit 291.

Then, as to the respondent's counterclaim claim, the respondent is liable for the failure of a de facto marital relationship. Thus, the claimant has a duty to compensate the respondent for the material and mental damage caused by the non-performance of the marriage promise. The claimant is liable for the damages to the respondent, and the claimant is seeking to pay the amount of KRW 100,000 and KRW 150,000 of the marriage expenses spent at the time of marriage as mental damage of the respondent. However, as seen above, the cause of the non-performance of the marriage promise is solely against the respondent. Thus, the respondent's counterclaim claim based on the premise that the claimant is responsible for the non-performance of the marriage promise cannot be dismissed.

Therefore, the judgment of the court below to the above purport is reasonable, and all of the appeals and incidental appeals are without merit, and it is dismissed. It is so decided as per Disposition by applying Articles 384, 95, and 89 of the Civil Procedure Act.

Judges Song-young (Presiding Judge) Kim Young-ju Kim Young-young