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Reasons
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(영문) 수원지방법원 2018.06.21 2018가단506229
손해배상(기)
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1. The Defendant’s KRW 6,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 17, 2018 to June 21, 2018.

Reasons

1. Facts of recognition;

A. On March 19, 2001, the Plaintiff and C have two children under the chain of law as a husband and wife who completed the marriage report.

B. On November 11, 2015, the Plaintiff filed a lawsuit seeking divorce and division of property against C as the court 2015dhap353, claiming a divorce and division of property against C and the Defendant, and jointly filed a lawsuit claiming a divorce amounting to KRW 60,000,000 against C and the Defendant.

C. The conciliation was concluded on January 19, 2016 between the Plaintiff, C, and the Defendant during the said lawsuit. The main contents are as follows.

1. The plaintiff and C shall continue to live together as a couple by resolving the inequality so far and maintaining the marital relationship.

3. The Defendant shall pay the Plaintiff KRW 12,00,000 by January 26, 2016, and if the said money is not paid by the payment date, the Defendant shall pay the unpaid amount plus damages for delay calculated at the rate of 10% per annum from the day following the date of payment to the day of full payment.

On January 22, 2016, the Defendant deposited 12,000,000 won to the Plaintiff.

E. However, the Plaintiff filed a lawsuit seeking divorce and consolation money against C and the Defendant with the Suwon District Court 2016Dhap50652 on June 14, 2016, asserting that C and the Defendant continue to engage in an unlawful act even after the date the conciliation was completed.

On January 11, 2018, the action against C was withdrawn.

F. Meanwhile, the Defendant compared C with C on April 5, 2016. On June 13, 2016, the Defendant exchanged text messages with the content that “Ilman B, Ilman C, Ilman, Ilman, Ilman.” On the other hand, the Defendant used the name “self” and “Ilman” between C and C on September 13, 2016 and October 8, 2016, and even if I want to do not want to do so without being able to do so, I can look after and live again without being able to do so.

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