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(영문) 의정부지방법원 2019.11.29 2019가단122547
이혼 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1.The following facts do not conflict between the Parties:

The plaintiff is the spouse who has reported the marriage with C.

B. The defendant is a person who served as a corporate accounting officer operated by C.

2. The plaintiff asserts that the defendant committed an unlawful act with C, who is the husband of the plaintiff, and claims compensation for consolation money for mental suffering suffered by the plaintiff.

3. However, in light of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to prove that the Defendant committed an unlawful act with C, and there is no other evidence to prove otherwise.

① It is confirmed that D, which was found in the Defendant’s radius, refers to the Defendant’s male-gu E, not the Plaintiff’s husband C.

② Around February 27, 2018, the fact that C gifts high-priced bags, cosmetics, bails, etc. to the Defendant is recognized.

However, in light of the conversation between C and the defendant on February 27, 2018 (Evidence B No. 4), it is highly probable that C issued a gift to prevent and meet a serious error to the defendant, and the defendant also received a gift in the same purport.

③ The fact that C paid accommodation expenses under the name of the Defendant on April 4, 2018 is recognized, but it is recognized that C did not provide accommodation with the Defendant even if it is based on a confirmation of the fact (Evidence A 9) prepared by C, even though it is deemed that C had paid accommodation expenses for two rooms at the time.

④ As above, it is somewhat unclear that C settled accommodation expenses.

However, in light of the status of C in this lawsuit, it is difficult to believe C’s statement as it is about its background and other relation with the defendant.

⑤ The F is an employee of a company run by C, and acquired information about the relationship between C and the Defendant mainly through C.

(b).

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