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(영문) 대구지방법원 2018.06.15 2016가합204152

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B is the Plaintiff’s mother, and Defendant C is the mother of Defendant B as the Plaintiff’s mother.

B. Defendant B and Plaintiff’s father D shared on April 19, 2010.

C. On December 19, 2011, Defendant B and D drafted the following agreements (hereinafter “instant agreement”) and Defendant C and D, who represented Defendant B on the same day, obtained the said agreement from the Ministry of Justice No. 1172, such as the Ministry of Justice, the Ministry of Justice, etc.

Defendant B and D shall agree with the following terms of divorce-related materials and child support:

1. From April to May 2011, Defendant B received KRW 10,000,00 in cash as child support every month.

2. D transferred F (F points) to B as of November 25, 2011.

3. D paid KRW 200,000,000, which was the purchase price of H (I, hereinafter “I”), to B in cash.

4.D promises not to commit any act interfering with the operations of the F Points. If it interferes with the operations, D will compensate for KRW 200,000,000 in cash.

5.B promises not to require any filing and amount of action with divorce and child support any longer.

6.B promises that a recording copy and a recording tape shall be given to D and shall not have any material for the recording, and if the problem is to be issued, B shall pay 200,000,000 won in cash in compensation for mental injury to D.

Afterwards D and B undertake not to raise any objection legally on the above content.

D On December 19, 2011, J Bank opened a deposit account in the name of the Plaintiff and deposited KRW 75,000,000 in the name of the Plaintiff, and transferred the deposit account to the Plaintiff.

Defendant B withdrawn KRW 75,00,000 from the above account on December 20, 2011.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. Defendant B