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인천지방법원 2016.06.15 2015가단60176

1. The plaintiff's claim is dismissed.

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


1. The Plaintiff asserted that the Defendant agreed to pay 30 million won to the Plaintiff as consolation money corresponding to the pertinent period and his mistake, etc., or that the Defendant provided an assistance in the amount of money equivalent to the above amount in order to maintain the family with the Defendant, and that the Defendant claimed payment of consolation money to the Defendant against the Defendant.

In full view of the following circumstances, the above argument cannot be accepted.

① The written agreement (Evidence A2) submitted by the Plaintiff as a main evidence is omitted from the Plaintiff’s signature, and thus it is difficult to deem that a contract was concluded with the Plaintiff’s subscription and consent as alleged above, as well as from the literal meaning of money received (Prohibition of Privacy, such as visiting the Defendant Company), there is a considerable distance from the Plaintiff’s assertion.

② The Plaintiff’s above assertion itself constitutes so-called a so-called so-called “so-called de facto marital marriage,” and in relation to this, the Plaintiff brought a divorce suit by the Defendant’s spouse around 2011, was also brought to the co-defendant of the responsible

③ In response to the above divorce lawsuit, the Defendant presented a written statement (No. 1) to the effect that he did not have any relationship with the Plaintiff’s drinking house and did not have any relationship. Such a statement is contrary to the cause of the claim of this case.

④ In order to constitute a de facto marital relationship, there is insufficient circumstance that there is a simple marital relationship or a sporadic marital relationship among them. They should have the substance of marital life that can be recognized as a marital life in terms of social order and order.