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(영문) 대구지방법원 2017.02.28 2016가단124013

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

According to the Gap evidence No. 1 (Agreement) which is recognized as the authenticity by the appraiser C's written appraisal, the plaintiff and the defendant on November 27, 2015, "The plaintiff and the defendant can recognize the fact that "I may claim physical and mental damages in excess of the agreed amount" (hereinafter "the agreement of this case") was prepared between the victim (the plaintiff) and the perpetrator (the defendant et al.) with respect to violent incidents occurred in D et al., and paid the compensation amount (30,00,000). Further, I will also submit the agreement as they agreed that I will not raise a civil or criminal objection against this case later. In addition, I will also submit the agreement in any form of objection against this case. In addition, I may recognize the fact that I prepared the agreement of this case (hereinafter "the agreement of this case"), and the defendant did not actually pay the amount of damages to the plaintiff.

With respect to the claim against the defendant for the payment of the amount of damages compensation under the instant agreement (Agreement), the defendant asserts that even if the defendant actually did not pay the above money to the plaintiff, it only prepared the instant agreement for the purpose of submitting it to the investigative agency for submission of it to the investigation agency, and it does not intend to actually pay the above amount of damages compensation.

In full view of the respective descriptions and arguments of evidence Nos. 2, 3, 4, Eul evidence Nos. 1, 2, 4, and 5-1, 2, 3, and 6-1, 2, and 7 of evidence Nos. 1, 6-1, 6-1, 6-2, and 7, the plaintiff "E is the representative of G companies affiliated with the F company, and the defendant promotes the F trillion team of the F company, and the defendant instigated Eul to assault the plaintiff to the defendant, and the defendant, H (the defendant's punishment) and I shared with the defendant, H (the defendant's punishment) and I on October 2015.