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(영문) 수원지방법원 2018.02.08 2017나70021
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: the evidence submitted at the trial of the court of first instance and the statement or voice of evidence Nos. 1 through 14 (including the number of each unit) which lacks to recognize the defendant's assertion is rejected; and the defendant's prior defense at the trial of the court of first instance is the same as the part of the reasons for the court of first instance, except where the court added the judgment as set forth in Paragraph 2 below as to the prior defense at the court of first instance by filing an appeal and added the judgment as set forth in the following Paragraph 2.

2. Additional determination

A. The Defendant’s lawsuit prior to the merits was brought by the Defendant, because the Defendant committed an unlawful act with the Plaintiff’s husband, thereby causing the failure of the married life of the Plaintiff and C, and thus, the Plaintiff sought compensation for damages against the Defendant. This can be seen as a claim for damages arising from a divorce against a third party, which is subject to the jurisdiction of the Family Court, since Article 2(1)3 of the Family Litigation Act is a case of seeking compensation for damages.

Therefore, the lawsuit of this case shall be dismissed as it is illegal as a lawsuit violating the exclusive jurisdiction.

B. In a case where a husband or wife claims damages on the ground of other party or a third party’s wrongful act, it may be deemed as a case of family litigation if it is a claim for damages caused by divorce. However, if the husband or wife continues to maintain marital relationship and only claims damages on the ground of such unlawful act, it is not a cause of divorce, and it is merely a

In the instant lawsuit, it is evident that the Plaintiff sought compensation for damages on the ground that the Defendant, who was the spouse of the Plaintiff, entered into an inhumanity relationship, such as having an inhumanity relationship with C, the Plaintiff’s spouse.

However, the plaintiff and C were divorced by record.

The lawsuit of this case is based on divorce, such as the filing of a lawsuit for divorce between them.

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