(영문) 춘천지방법원원주지원 2016.02.03 2015가단34931

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자간(%)

(영문) 춘천지방법원원주지원 2016.02.03 2015가단34931

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and C are the legal couple who reported their marriage on January 10, 1997.

B. From July 2014 to August 2015, the Defendant met C, who worked as an employee from the Eda bank located in Incheon, and maintained the relationship with C from around that time to August 2015, and was located at C’s house. Since December 2014, the Defendant operated the division store with C.

(Ground of recognition: Facts without dispute, Gap evidence 1, 2, 4, 5, 8, Eul evidence 1 and 2, and the whole purport of the pleadings

2. Determination:

A. The plaintiff's assertion argues that the defendant did not have a matrimonial relationship due to the defendant's improper act, and that the defendant is liable for damages arising from such illegal act, and that the defendant is not liable for tort since the marital relationship between the plaintiff and C has already been extinguished.

B. In light of the following circumstances, the judgment of the parties' assertion is examined, and the defendant and C committed an unlawful act is as seen earlier, but the marriage between the plaintiff and C has already been destroyed due to the unlawful act of the defendant and C, and there is no evidence to acknowledge it differently. Rather, it is reasonable to view that the marriage between the plaintiff and C had already been destroyed due to the occurrence of suicide by the attempted suicide and the failure of all contact with their family members around September 2013, when the defendant and C did not contact with their family members.

Ultimately, the plaintiff's above assertion is without merit on the premise that the marital relationship between the plaintiff and C has disappeared due to the defendant's improper act.

The plaintiff, around September 2013, was pushed ahead of C while disputing F with C in relation to the act of assaulting F's vessel, and C was attempting to commit suicide while taking the first step, and completed emergency treatment in the emergency room.

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