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(영문) 대법원 1965. 5. 31. 선고 65므14 판결
[약혼불이행으로인한위자료][집13(1)민,177]
Main Issues

If a husband in a de facto marital relationship makes a de facto marriage with another woman, the legality of the claim for consolation money due to an unfair destruction by the wife in a de facto marital relationship.

Summary of Judgment

An act of a man in a de facto marital relationship with another woman constitutes an unfair destruction of a de facto marriage, and an act of a man in a de facto marital relationship constitutes an unfair destruction of a marriage, and an act of a man in a de facto marital relationship is an act of a man who takes away a satisf's satch from his satch to his satch and sending the sat

Appellant, appellant

Claimant

Respondent-Appellee

A respondent and one other

Judgment of the lower court

Seoul High Court Decision 64Reu27 delivered on February 18, 1965, Seoul High Court Decision 64Reu27 delivered on February 18, 1965

Text

The original judgment shall be reversed and the judgment

The case is remanded to Seoul High Court.

Reasons

In light of the judgment below, the following substitutes, namely, the fact that the respondent 1 had difficulties in playing with the non-claimer and doing camping with each other, can be said to be a married male and has already been married and a woman who is well aware of such fact should be held liable for the intention of the Do as a woman, and such fact is that the respondent 1 has not complied with the marriage reservation against the claimant, and there is no direct relation with the claim for consolation money by law in cases where the claimant claims consolation money for the reason that the respondent 1 has not complied with the marriage reservation against the claimant.

(F) The second sentence multiplied by the original judgment)

However, in the so-called de facto marriage phase in which only a marriage report is made between the claimant and the respondent 1, but if the husband has a trouble with another woman, such as the court below's approval, it should be considered as an act of lowering the positive integrity of the marriage to be observed as her husband, it should be deemed that the other party is liable for the illegal destruction of the de facto marriage and can claim consolation money from her husband for the reason of such reason. In this sense, it is clear that there is a misapprehension of the legal principle as to the improper destruction of the de facto marriage.

In other words, the court below held that even if Appellee 2 had concealed the plaques, etc., which was donated to the claimant as a tugboat at the time of the conclusion of matrimonial engagement or divorce, and sent the Claimant’s clothes, etc. to friendlyly, it is insufficient to conclude that the Claimant had an intention to marry immediately, as such, as a fact.

However, as seen above, it cannot be deemed that the defendant 2 already participated in the unfair destruction of a de facto marriage between Aband Abandama's de facto marriage as an catus and the defendant 2's catch money, and sent the cather's clothes from the time of marriage at the time of marriage, or from the time of marriage, without any reasonable reason. Thus, the court below erred in the misapprehension of legal principles as to the improper destruction of a de facto marriage.

Therefore, this issue is well-grounded, and therefore, the judgment of the court below shall be reversed, and the case shall be remanded to the Seoul High Court which held the court below.

This decision is consistent with the opinions of the involved judges.

The judge of the Supreme Court (Presiding Judge) of the Republic of Korea shall have the authority to transfer a red net holiday.

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