beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The fact of recognition that the Plaintiff and the Defendant continued to teach under the premise of marriage on October 5, 2013, such as the formation of a matrimonial relationship after the first childbirth in around 2012 and the formation of a matrimonial relationship on October 5, 2013, and the failure of the relationship on October 2019 is not disputed between the parties or recognized by the purport of the entire pleadings.
2. The assertion and judgment
A. The parties' assertion that the plaintiff paid money to the defendant several times on the premise of marriage or subsidized the cost of using credit cards and the cost of purchasing vehicles, etc., while joining the defendant. The defendant, as if married with the plaintiff, including living together with another male and pregnant children of another person, acquired financial profits from the plaintiff. As such, the defendant is obligated to pay the plaintiff the damages for property damage or the amount of consolation money of KRW 83,018,325 and KRW 88,018,325 with the amount of consolation money and KRW 500,000 with the return of unjust enrichment.
In this regard, the defendant asserted that the defendant did not belong to the plaintiff as if he were married without any fact or intention to marry that he received monetary support from the plaintiff while teaching with the plaintiff.
B. According to the overall purport of evidence Nos. 12 and 13 as well as the entire arguments, it was found on January 6, 2017 that the Plaintiff was unable to be pregnant as a result of a sperm test, and around May 2018, it was found that the Defendant was aware of whether the Defendant was a hospital capable of undergoing a abortion surgery. Such facts were inferred by the Plaintiff, as alleged by the Plaintiff, that the Defendant was pregnant by another person, and that the Plaintiff was also aware of such facts around that time.
However, according to the overall purport of evidence Nos. 13-1 through 6, and 15 of evidence Nos. 13-1 and 15, the plaintiff and the defendant have continued to maintain the relation even thereafter. On October 8, 2019, when the defendant demanded that the plaintiff be hedging against the plaintiff, the plaintiff assaulted the defendant, and the plaintiff thereafter sought a letter to the defendant.