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(영문) 대구지방법원 2017.08.23 2017나305636

손해배상(기)

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The defendant married with C on May 22, 1989.

B. The Plaintiff is a person who served as a teacher and became aware of C at a golf meeting around March 2014.

After that, the Plaintiff and C got close, and around May 2014, they committed unlawful acts, such as entering a lodging establishment or having a sex relationship on a vehicle.

The defendant confirmed the above improper acts of C and the plaintiff through a voice file recorded in C's car booms.

C. On August 29, 2014, the Defendant resisted the Plaintiff with regard to such unlawful acts, and the Plaintiff and the Defendant drafted the following agreements:

(2) The Plaintiff paid KRW 20,000,000 to the Defendant on the same day according to the first agreement of this case.

The defendant and the plaintiff shall consult with each other to handle only bilaterally in relation to C, and shall not cause any damage to each other in a civil or criminal manner.

In order to guarantee this, the plaintiff shall pay 20,000,000 won to the defendant, but the defendant shall pay damages of 100,000,000 won to the third party when he makes a false or exaggerated payment, or leakage of materials to mislead the other party, or notify the other party.

The defendant and C completed the report of divorce on September 2, 2014.

E. The Plaintiff maintained the relationship with C even after the first agreement of this case.

Accordingly, on January 24, 2015, the Defendant resisted the Plaintiff, and during which process, the Defendant saw the Plaintiff’s head and saved the head, thereby causing injury requiring approximately two weeks of treatment to the Plaintiff.

F. On February 6, 2015, the Plaintiff and the Defendant drafted a written confirmation as follows:

(2) The Plaintiff paid KRW 10,000,000 to the Defendant on the same day according to the second agreement of this case.

After this time, the plaintiff communicates with C.