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(영문) 대구지방법원안동지원영주시법원 2016.08.11 2015가단300
청구이의
Text

1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution by this Court 2015 Chicago100, Sep. 2015

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant were in de facto marital relationship from the end of 2006 to January 2008.

B. Around 2008, the Defendant received a written statement from the Plaintiff and received KRW 15,000,000 from the Plaintiff. Based on this, the Defendant filed a claim for the payment of agreed amount with the instant court No. 2008 Ghana130 (hereinafter “Agreement”).

C. On June 10, 2008, the case of the agreed amount was adjudicated in favor of the Defendant on June 10, 2008, and the above judgment was finalized on July 22, 2008.

On April 29, 2012, the Defendant reported the marriage with D on April 29, 2012, and had two children between D and D, but did not notify D of the fact that it had been in de facto marital relationship with D before.

E. On September 7, 2015, the Defendant seized and collected claims against the Plaintiff’s national bank, new bank, Nonghyup Bank, Nonghyup Bank, and permanent agricultural cooperatives based on the original copy of the judgment in the contract amount case as the Daegu District Court Branch 2015TTT1732.

F. On September 3, 2015, the Plaintiff’s mother-child, upon receipt of the above attachment and collection order, requested the Plaintiff to receive the Defendant’s signature and the Defendant’s signature in the agreement (hereinafter “instant agreement”) stating, “The Plaintiff and the Defendant shall not be punished, and the Plaintiff and the Defendant shall not raise a civil or criminal objection against the instant case.” On the other hand, the Plaintiff and the Defendant left the apartment in which the Defendant and the Defendant husband live, and signed and sealed the said agreement at the request of E.

G. On September 10, 2015, the Defendant sent to the Plaintiff a content-certified mail that the obligation exemption or declaration of renunciation of compulsory execution contained in the instant agreement is invalid or revoked by coercion.

H. On September 1, 2015, the Plaintiff and E found the Defendant’s husband to receive the Defendant’s certificate of personal seal impression, resident registration certificate, etc. from around 9:30:00 a.m. on September 11, 2015.

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