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(영문) 대구지방법원서부지원 2016.05.12 2015가단38334
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from November 7, 2015 to May 12, 2016, and the following.

Reasons

1. Basic facts

A. On November 12, 1990, the Plaintiff completed the report of marriage with C on November 12, 199 and has one parent under the chain.

B. From around 2000, the Defendant began living together with C and became aware that C is a spouse around 2005.

C. On the other hand, around August 7, 2015, the Plaintiff came to know of the relationship between C and the Defendant, which was transmitted by the Defendant and C.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The defendant's defense prior to the merits is a lawsuit seeking damages against the plaintiff and C's marital relationship caused by the defendant's improper act, and thus, the claim for damages of this case constitutes a family litigation case under Article 2 (1) 1-2-2 of the Family Litigation Act and falls under the exclusive jurisdiction of the family court. Thus, the claim for damages of this case includes a claim against the third party for damages caused by a divorce, since it constitutes a family litigation case under Article 2 (1) 1-2 of the Family Litigation Act.

The meaning of "" refers to a claim for damages against mental suffering caused by divorce itself, and the claim for damages arising from an individual cause, which constitutes a cause of judicial divorce, constitutes a civil case. This case is not a lawsuit brought by the plaintiff on the ground of divorce, and the defendant's defense is without merit.

3. Judgment on the merits

A. According to the facts found above, the defendant committed an unlawful act, such as living together with the knowledge that C is the father and son. Accordingly, the essence of marriage and the substance of the marital life of the plaintiff and C were lost and their appearance remains only.

Since it is clear in light of the empirical rule that the plaintiff suffered from mental suffering, the defendant is obligated to pay back the plaintiff's mental suffering in money.

In regard to this, the defendant shall be a public official.

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