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(영문) 대전지방법원 2016.02.03 2015나107517

수임료반환

Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On December 29, 2005, the Plaintiff filed a lawsuit against C seeking confirmation of de facto marriage relationship, payment of consolation money, and division of property as the Daejeon District Court’s branch office 2005Kahap5464, but was sentenced to a judgment against the Plaintiff on August 10, 2006, and the Plaintiff appealed as the Daejeon High Court 2006Na12566.

B. The Defendant received the delegation of a lawsuit from the Plaintiff with respect to the above Daejeon High Court case No. 2006Na11256 (hereinafter “the instant case”), and was paid 4,000,000 won from the Plaintiff on November 7, 2006.

C. The Defendant, on behalf of the Plaintiff, amended the purport of the claim on the behalf of the Plaintiff through four occasions in total on May 14, 2007, May 21, 2007, May 22, 2007, May 22, 2007, and June 4, 2007, and the amended purport of the claim on June 4, 2007 (hereinafter “the purport of the claim on June 4, 2007”) is as follows.

1. The plaintiff and the defendant confirm that a de facto marital relationship exists.

2. The defendant shall be the plaintiff.

(a) Raising a positive marriage;

(b) A person living together with each other on the fifteenth day of each month;

C. The above B.

shall be included on Saturdays, Sundays and holidays;

D. The Plaintiff should be treated in the same manner as the Defendant’s principal domicile and family.

3. The defendant shall pay to the plaintiff 200,000,000 won with 20% interest per annum from the day following the day of service of a copy of the complaint of this case to the day of complete payment.

4. The Defendant pays 350,000,000 won to the Plaintiff with the division of property, and transfers the right to receive 1/2 of the amount paid upon retirement of September 19, 2003 as to 62,731,470 won and the right to receive 2,719,940 won each month from October 19, 200 to the time of death.

5. The defendant shall not commit all assault, verbal abuse, etc. against the plaintiff, and shall be held criminal liability pursuant to the Act on the Prevention of Domestic Violence and Protection of Victims, etc. when they come up once.

6. Each of the above paragraphs is the fact that the defendant promised to the plaintiff at ordinary times.