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(영문) 서울북부지방법원 2017.12.12 2017가단126078
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of the instant claim by the Plaintiff

A. As the cause of the instant claim, although the Plaintiff did not interfere with the marital life corresponding to the nature of the marriage, such as intervention of the Plaintiff and C in the marital life and failure in the marital life, the Plaintiff asserts that from May 2017, the Defendant consistently committed a tort against the Plaintiff, such as infringing on the marital life falling under the nature of the marriage or interfering with its maintenance, by consistently engaging in the Plaintiff’s spouse’s unlawful act, and sought compensation for consolation money against the Defendant.

B. However, there is no evidence to acknowledge that the Defendant knew or could have known the situation that C was the Plaintiff’s spouse before June 28, 2017, as well as that there is insufficient evidence to acknowledge that “the Defendant continued to commit an unlawful act after June 29, 2017 with C, thereby infringing the Plaintiff’s community life or interfering with the maintenance thereof,” and there is no other evidence to support this. Thus, the Plaintiff’s argument that the Plaintiff is internal tax cannot be accepted without need to further examine.

2. Accordingly, we cannot accept the Plaintiff’s claim for consolation money of this case.

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