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(영문) 대구지방법원 2018.02.23 2017가단24929
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 11, 1992, the Plaintiff reported the marriage with Nonparty C on May 11, 1992, and had 1 South and North her female living.

B. The Plaintiff and C had been separated from each other for a long time, and the Plaintiff and C prepared a divorce agreement on August 1, 2017 and August 23, 2017.

C. On October 17, 2017, C filed a lawsuit against the Plaintiff for divorce, etc. with the Daegu District Court 2017Ddan110610, and on December 13, 2017, the Plaintiff and C entered into conciliation with the content of divorce, etc.

[Ground of recognition] Facts without dispute, Gap evidence 6, 7 evidence, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendant, despite being aware of the legal spouse, committed an unlawful act with C and C, thereby causing the failure of the Plaintiff and C’s family.

Therefore, the defendant is obligated to pay the plaintiff the consolation money of 45 million won and damages for delay for the above illegal act.

B. According to the above facts and the evidence as seen earlier, the marital life of the Plaintiff and C shall be deemed to have reached the failure of the Defendant prior to the arrival of C, and the statement on the evidence No. 6 alone is difficult to deem that the Defendant, even though having knowledge of the spouse, committed an unlawful act with C, thereby causing the failure of the Plaintiff and C’s family, and there is no other evidence to acknowledge it otherwise.

Therefore, the plaintiff's above assertion is without merit without examining any longer.

3. Therefore, the plaintiff's claim of this case is dismissed as it is without merit.

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