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(영문) 부산고등법원 2018.04.05 2017나57007
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows. The Defendant’s new assertion is identical to the ground of the judgment of the court of first instance, except for adding the following three judgments as to the assertion that is to be adopted by the court of first instance, thereby citing it pursuant to the text of Article 420 of the Civil Procedure Act.

2. Two pages “1. Facts recognized” shall be written in the following parts:

1. Facts of recognition;

A. On October 18, 1970, the Defendant, as a legally married couple who reported marriage with E on October 18, 1970, produced F G between the Plaintiff and the Plaintiff that became aware of around 1986.

B. Around January 14, 2013, the Defendant knew of the existence of son G between the Plaintiff and the Plaintiff, and thereafter, the Defendant appealed with E on March 22, 2013.

C. On October 30, 2013, E filed with the Busan Family Court a lawsuit claiming divorce and consolation money [2013Dhap297 (principal lawsuit and consolation money] against the Defendant and the Plaintiff, who is its superior, to the Busan Family Court.

On December 17, 2013, the Defendant drafted a written agreement for payment of child support and consolation benefits, stating that “the Plaintiff, from the birth of G to the present date, promises to pay KRW 300 million to the Plaintiff by October 30, 2014, including child support of KRW 240,000 and consolation benefits of KRW 60,000,000,000,000,000,000,000,000

(hereinafter “instant letter of payment”). After February 21, 2014, the Defendant filed a counterclaim against E to file a divorce (the Busan Family Court 2014Dhap363 (Counterclaim divorce)), and on April 10, 2014, the judgment of the first instance as to the said principal lawsuit and counterclaim was rendered.

E. On the judgment of the court of first instance, both E and the Defendant appealed [the case of Busan High Court 2014Reu237 (principal lawsuit and consolation money, 2014Reu244 (Counterclaim)]. The Plaintiff and the Defendant appointed H attorney-at-law (the Plaintiff’s legal representative) as the legal representative in the judgment of the said appellate court and jointly responded to them.

F. Meanwhile, the defendant is away from E and his domicile of the plaintiff, the plaintiff's mother, and the plaintiff's words C.

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