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1. The Defendants jointly share KRW 20,000,000 with respect to the Plaintiff and 5% per annum from June 3, 2015 to August 16, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff and Defendant B are legally married couple who reported marriage on November 30, 2007, and the two are children of 2009, 2010, and 2012.
B. On January 7, 2015, the Defendants demanded divorce by disclosing that two persons are in a relationship with the Plaintiff, and Defendant B was living together with the Defendant C around January 20, 2015.
C. Although Defendant B filed a divorce lawsuit against the Plaintiff ( Daejeon Family Court 2015ddan53021), Defendant B was sentenced to dismissal of Defendant B’s claim on April 15, 2016 on the ground that there was no evidence to acknowledge the grounds for divorce asserted by Defendant B. Even if the marriage relationship between the Plaintiff and the Defendant was extinguished, the cause of the failure was the cause of the failure, while maintaining a wrongful relationship with Defendant C, and that Defendant B was mainly responsible for the failure of his spouse and children.
[Reasons for Recognition] Evidence A1 to 3, Evidence A8, the purport of the whole pleadings
2. Determination:
A. According to the above facts, the defendants formed a relationship with the defendant B by living together, thereby infringing upon the plaintiff's common life with the defendant B, interfering with the maintenance thereof, and infringing on the plaintiff's spouse's rights.
B. As to this, the Defendants asserted that since the common life of the Plaintiff and the Defendant B was broken down in November 2014, the Defendants’ future development and living together with the Plaintiff is not a tort.
According to the statement in Gap evidence No. 8, it can be acknowledged that the plaintiff requested the defendant to sign the documents of divorce on November 2014.
However, in full view of the purport of the argument in the statement in Gap evidence No. 8, the plaintiff and the defendant Eul signed the documents of divorce on November 2014 and did not proceed with the procedures of divorce more. Since then, the plaintiff did not request a divorce to the defendant Eul until the defendants clarify that they are the relationship of divorce around January 7, 2015, and the plaintiff and the defendant Eul shared life at the same house.