Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. Around February 2016, the Plaintiff entered a hospital with Nonparty C as its president, and served as his/her salary, and thereafter began with the above C, and the same year.
4.25 Around 25, a marriage report was filed.
B. The Plaintiff and the above C agreed on June 18, 2016 after reporting the marriage as above.
However, from May 2016, there have been frequent conflicts, such as frequent conflicts of opinion, etc. due to the difference between the characteristics of the marriage and the conflict between the parties in the process of preparation for marriage, and the marriage ceremony, which was decided on June 18, 2016, was revoked.
C. Meanwhile, on November 14, 2016, C filed a lawsuit for divorce with the Seoul Family Court 2016ddan336034 against the Plaintiff, and is currently pending.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The summary of the argument 1) A person who has the plaintiff's spouse and a person who has committed an unlawful act constitutes a tort against the plaintiff's spouse and therefore, the defendant is obligated to have the mental suffering suffered by the plaintiff's spouse. However, even though the defendant knew that the plaintiff's spouse is the plaintiff's spouse, he made an unlawful act, such as going through overseas travel along with C, and going together with the hotel located in Seoul. Therefore, the defendant is liable to compensate for mental suffering suffered by the plaintiff. 2) The defendant is obliged to receive a copy of the complaint of the claim for consolation money of this case filed by the plaintiff on November 9, 2016, and he was aware that the above C was a married couple under the law that reported the marriage with the plaintiff, and thereafter, he did not go through the above C and private met.
In addition, the failure of marriage between the plaintiff and the above C is caused by conflict between them, and it is not caused by the relationship between the defendant and C.
Therefore, the defendant does not have the duty to pay consolation money to the plaintiff due to unlawful acts.
(b) facts of recognition Gap 3 to 3.