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(영문) 대법원 1990. 3. 27. 선고 89므808, 89므815(반심) 판결
[이혼및위자료][공1990.5.15.(872),968]
Main Issues

The case of claiming a divorce and consolation money by deeming that it falls under the case of extremely unfair treatment by the spouse; and

Summary of Judgment

The case of claiming a divorce and consolation money by deeming that it falls under the case of extremely unfair treatment by the spouse; and

[Reference Provisions]

Article 840 subparag. 3 of the Civil Act

Appellant (Appellee) appellant, appellant

Claimant (Appellee) Attorneys Shin Young-chul et al., Counsel for the plaintiff-appellant-appellant)

Respondents (Appellants) and Appellees

The respondent (Appellant for Anti-Appellant)

Judgment of the lower court

Seoul High Court Decision 89Reu1452, 1469 decided July 3, 1989

Text

The appeal is dismissed.

The costs of appeal shall be borne by the appellant.

Reasons

We examine the grounds of appeal.

According to the reasoning of the judgment of the court below and the judgment of the court of first instance as cited by the court below, non-party 1, who is the claimant's mother, had an academic background despite the fact that the respondent had no academic background while married, and an infant born on November 1986, is another male's son's son, etc., and the respondent has been hospitalized in the hospital of Korea during the period from July 23, 198 to July 25, 198, and the respondent has received mental treatment without permission from the above hospital during the period of 0th of July 25, 198, and the respondent has been placed at the same time as the respondent's 20th of July 20, 198, and the respondent has been placed at the same time as the Claimant's her mother's son's son's son's son's son's son's son's son's son's son's son's son.

In light of the records, the above recognition and judgment of the court below are acceptable, and there is no violation of the rules of evidence or violation of the law of mistake due to incomplete deliberation. The arguments are groundless.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Chang-chul (Presiding Justice)

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