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(영문) 서울중앙지방법원 2018.02.09 2017가합29205

손해배상(기) 청구의 소

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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. The Defendants are legally married couples who completed the marriage report on December 6, 2002. 2) The Plaintiff became aware of Defendant B through a dumping plant around 2003 and gave birth to E other than D marriage by continuing the Defendant B’s teaching system.

3) While there were many conflicts between the Defendants and the Plaintiff due to the problem of fostering E, the Defendants decided to rear E on November 28, 2014, and delivered E from the Plaintiff, but E was again delivered to the Plaintiff and brought up the Plaintiff up. (b) On August 11, 2015, the Plaintiff, as the legal representative of E, filed a lawsuit seeking recognition against the Defendant B as the Seoul Family Court Decision 2015No43267.

2) On December 14, 2015, the Defendants and the Plaintiff promised to transfer KRW 200,000,000 to the Plaintiff’s account and transfer KRW 200,000 to the said account until February 29, 2016, on the condition that “The Defendant withdraws the Plaintiff’s claim for recognition and alters E’s sex after receiving KRW 200,000,000, without any contact with the Defendant B and his family members as absolutely, and does not make any monetary demand, including child support, after receiving KRW 200,000 (hereinafter “instant payment note”).

(1) The Defendants, on December 13, 2015, paid to the Plaintiff KRW 210,00,000 in total, including KRW 10,000,000,000, and KRW 200,000 on February 26, 2016, and the Plaintiff withdrawn the lawsuit claiming affiliation on December 14, 2015. (c) On April 22, 2016, the Plaintiff: (a) on December 22, 2016, the Plaintiff, as well as the Defendants, paid half of the purchase price to Defendant B and the Plaintiff (E) on the grounds of the Defendant’s voluntary oral promise to withdraw affiliation on December 14, 2015.

Since then, a house is traded and a commitment is made for several months.