Solution example Cases

Example that we lived apart more than ten years and did not know illicit fact, but consolation money request was admitted

The situation, background

Client: Woman office worker in early 40s
The other party: Woman unemployment in early 40s
Child: None

Woman of client lived apart from husband. When the husband (late 40s) died, woman who cohabited went down, and it was found out that child with the woman (the other party) was born. He/she came to our office for consultation to demand consolation money from the other party.
As for the client, woman of husband and the other party began cohabitation commencing with separation before the year in 2003. Client did without knowing fact that there was the woman who cohabited all the time until 2014 when man died while it was more than ten years.

What we carried out

We sued. Three years were statute of limitations, but wrongful conduct did claim for damages after we knew infringement because period of limitation was not completed because we did not know the infringement.

As a result of having been provided

We get consolation money of around 2,500,000 yen.

Point and point to keep in mind of practice

There is not, and there is whether you knew, and it is point that there was no evidence on the client side who knew that husband cohabited with the other party whether you can know that you knew assailant about problem of finding of fact.

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