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(영문) 인천지방법원 부천지원 2018.10.17 2018가단1065

위약금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and the interest rate of 15% per annum from August 30, 2018 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B was prosecuted for committing an offense in the attached Form with the Plaintiff as the victim and was sentenced to imprisonment with prison labor for one year and six months from September 15, 2017 from the Busan District Court’s vice branch branch branch branch office of the Incheon District Court on September 15, 2017

(2017 Highest 1647, hereinafter referred to as "the first instance judgment"). (b)

After the adjudication of the first instance court, on September 28, 2017, the Plaintiff drafted a written agreement with Defendant C, which is the mother of Defendant B, as follows (hereinafter “instant agreement”); and Defendant C signed and sealed the signature column of “B” as the agent of Defendant B.

Plaintiff B: Defendant B

1. Defendant B shall serve as the director by the end of December, 2017 from among the buildings D and E in the city of father-si, which are currently living;

An indemnity shall be made ten times the agreed amount at the time of disclosure.

2. The plaintiff receives five million won (1.5 million won) from the defendant B, while making a criminal agreement with the defendant B, and withdraw the complaint.

C. On the same day, the Plaintiff prepared an additional agreement with the perpetrator that “The victim, who committed the instant case, shall not be held liable for any civil or criminal liability in the future by mutual agreement with the perpetrator, as far as the law permits, to the maximum extent possible, the perpetrator, who committed the instant crime, shall be held liable for any civil or criminal liability,” and as in the foregoing agreement, the Defendant C signed and sealed the agreement as the agent of the Defendant B, and the F, the counsel of the Defendant B, submitted the said agreement to the appellate court of the judgment of the first instance.

On November 16, 2017, the appellate court of the judgment of the first instance held that the defendant led to the confession and reflect of the crime, and that the victim did not want the punishment of the defendant for the first time.

The mother of the defendant is active in guiding and treating the defendant, and the son appeals against the defendant.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and crime.

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