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(영문) 서울고등법원 2018.01.12 2017나2032792

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against Plaintiff B, which orders payment below, shall be revoked.

Reasons

1. Basic facts

A. The Plaintiffs are legally married couple who completed the marriage report on December 6, 2002.

B. Around 2003, the Defendant became aware of the Plaintiff A through a dumping flapsing and gave birth to the Plaintiff E by continuing the Plaintiff’s inhuman relationship with the Plaintiff and by ending on the end of 2014.

C. While there were many conflicts between the plaintiffs and the defendant due to the problem of fostering E, the plaintiffs decided to nurture E and deliver E from the defendant around November 28, 2014, but E was delivered again to the defendant and the defendant.

On August 11, 2015, the Defendant, as the legal representative of E, filed a lawsuit against the Plaintiff A seeking recognition with the Seoul Family Court Decision 2015Ra43267.

E. Thereafter, on December 14, 2015, the Plaintiffs and the Defendant drafted a letter of payment stating that “A and B shall withdraw the suit for recognition and change E’s sex, and that “A and B shall not absolutely communicate with their family members after receipt of KRW 200 million and shall not make any monetary demand, including child support, in addition, to C’s account and shall transfer KRW 200 million to the said account until February 29, 2016. C shall undertake to faithfully carry out the above commitments (hereinafter “instant payment note”). The Plaintiffs paid KRW 10 million to the Defendant on December 13, 2015, KRW 200,000,000,000,000,000,000 won, and KRW 1.5 billion on February 26, 2016.

F. On April 22, 2016, the Defendant received a letter of payment from the Plaintiffs regarding withdrawal of the claim for affiliation on December 14, 2015, on the background of A’s voluntary oral promise to give half of the purchase price to A and C (E) upon the purchase and sale of Seocho-gu FF house.

Since then, since the house is traded and the commitment is not implemented for several months, no measure is taken until May 20, 2016.