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(영문) 수원지방법원성남지원 2020.11.24 2020가단212100
위자료
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual interest from May 16, 2020 to November 24, 2020, and the following.

Reasons

1. Basic facts

A. The plaintiff completed the report of marriage with C on July 12, 200 and maintained the marriage relationship until now, and has children under the chain.

B. From October 2018, the Defendant had an unlawful relationship with C, such as sexual intercourse with C, and the Plaintiff filed a damages lawsuit against the Defendant on May 30, 2019 (U.S. District Court Decision 2019Da213039) against the Defendant, and withdrawn the said lawsuit on July 16, 2019 upon C’s request that the Defendant would not engage in any other unlawful act.

C. Nevertheless, the Plaintiff continued to commit an unlawful act between the Defendant and C on October 16, 2019, and again filed a lawsuit seeking compensation for damages (the same court No. 2019Da3226103) on November 14, 2019, but the Defendant and C acknowledged that “the Defendant entered into an unlawful relationship with C and they are subject to the Plaintiff.” After the preparation of the written agreement, the Defendant promised not to contact with C, the Plaintiff’s spouse, but not to contact with the Plaintiff. The Plaintiff, the Defendant, and C promised not to raise a civil or criminal objection against the unlawful act between the Defendant and C (refer to evidence No. 2 of this case; hereinafter “instant agreement”), and then withdrawn the said lawsuit on the same day.

Meanwhile, the Defendant filed a complaint with C to the effect that the Defendant suffered sexual assault, such as rape, around October 20, 2019, but appears to have withdrawn the complaint with C prepared in the above agreement.

However, even after the agreement of this case, the defendant and C continued illegal relations, and the defendant were pregnant in relation to C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including branch numbers for those with branch numbers; hereinafter the same), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant asserted that, even after the agreement of this case, only the fraudulent act between the Defendant and C was the cause of claim after the agreement of this case.

The first page of the plaintiff's briefs dated September 16, 2020, etc.

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