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(영문) 서울북부지방법원 2017.06.01 2015가합3024
위자료 약정금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 10, 1962, the defendant completed the marriage report with C on March 10, 1962, and filed D(E) between C and C.

B. In the early 1970s, the Defendant liveded with the Plaintiff at the same time while maintaining the relationship between the Plaintiff and C, and had son F (G) between the Plaintiff.

C. According to the evidence Nos. 1 (Guarantee), the Defendant, on March 2012, stated the following terms as agreed between the Plaintiff and the Plaintiff, and the Defendant’s seal is affixed at the end.

(1) The Plaintiff shall be paid KRW 500 million in cash to the Plaintiff before the Defendant’s birth, on the following grounds: (a) in the event that each real estate listed in the separate sheet owned by the Defendant is sold before the Defendant’s birth, the Plaintiff shall be paid KRW 500 million in cash at that time; (b) in the event that the matters listed in the preceding paragraph are not fulfilled before the Defendant’s birth, at the Plaintiff’s option, either donated 1/4 of the real estate listed in the separate sheet or paid KRW 500 million in cash to the Plaintiff.

3) The above content must be implemented in preference to the exercise of the heir’s rights. [The fact that there is no dispute over grounds for recognition, Gap evidence Nos. 1 and 2, Eul evidence No. 3-1 and Eul evidence No. 3-2, the purport of the whole

2. Summary of the parties' arguments

A. The gist of the plaintiff's assertion 1) The plaintiff has maintained a de facto marital relationship with the defendant under the consent of C, who is a legal wife of the defendant. Since the plaintiff demanded the defendant to set up a certain amount of money under the name of consolation money for the resolution of the de facto marital relationship, the defendant entered into the agreement of this case that he would pay 500 million won to the plaintiff. Therefore, the defendant is liable to pay the plaintiff the above contract amount to the plaintiff 500 million won and damages for delay. 2) Even if the agreement of this case is not acknowledged as not to the conjunctive claim agreement of this case, the defendant is subject to the resolution of de facto marital relationship with the plaintiff.

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