구상금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The defendant asserts that the lawsuit of this case is unlawful since the plaintiff and the defendant agreed to withdraw the lawsuit of this case.
In a case where the parties to a lawsuit have agreed to withdraw a lawsuit between the parties to the lawsuit, there is no benefit in the protection of rights against the plaintiff (see Supreme Court Decision 81Da1312, Mar. 9, 1982). In light of the purport of the entire pleadings in the statement of evidence No. 1, the plaintiff and the defendant may recognize the fact that they agreed to withdraw all pending lawsuits and criminal complaints on July 27, 2017. Thus, the lawsuit in this case is unlawful because there is no benefit in the protection of rights.
On the other hand, the plaintiff asserts that the agreement constitutes an unfair juristic act (Article 104 of the Civil Act) and thus null and void, since the agreement was made by the defendant under the influence of the defendant in the state of gambling, rashness and experience.
However, the witness C’s testimony alone is insufficient to recognize that the Plaintiff was in the state of pathy, rashness, and experience, and that the above agreement was a juristic act that has considerably lost fairness, and there is no other evidence to acknowledge it, and thus, the Plaintiff’s above assertion
2. The lawsuit of this case is unlawful and dismissed.