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(영문) 의정부지방법원 2019.12.19 2018나209493
위자료
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion and judgment are that the defendant committed an unlawful act with the plaintiff's spouse C and C, and the marital relationship with the plaintiff and C has reached a failure, and the defendant who knowingly committed an unlawful act with the knowledge that C is a woman with his spouse, is liable to pay 30,000,100 won as consolation money for mental suffering to the plaintiff, but there is no evidence to acknowledge this.

The first instance court was sentenced to a judgment without pleading due to the Defendant’s failure to submit a written response, and the first instance court was conducted by public notice to the Plaintiff, and the Plaintiff was absent on the date of pleading. There was no evidence examination on the evidence submitted by the Plaintiff.

[In light of the above, around May 2017, the plaintiff and C, were present at this court as a witness, and the plaintiff asserted that the plaintiff discovered the plaintiff's fraudulent acts with the defendant, the plaintiff had already been in a state of failure due to the plaintiff's violence, non-payment of living expenses, etc., and the plaintiff and C testified to the effect that the relationship between the plaintiff and C had not been extinguished due to the plaintiff's violence, non-payment of living expenses, etc., and the defendant and C did not have any fact of restriction. Each statement prepared by the plaintiff and C (Evidence Nos. 1 and 2

2. The plaintiff's claim is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed as per Disposition.

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