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(영문) 서울동부지방법원 2016.07.13 2015가단36045
약정금 등
Text

1. The Defendant: (a) KRW 37,00,000 to Plaintiff (Appointed Party) and Appointed C; and (b) to this effect, from October 9, 2015 to July 13, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) is the father of the Appointor C, and the Appointor C is the husband of the law that completed the marriage report with the Defendant on August 22, 2012.

B. The Defendant given birth of DE, and the Appointor C, as a matter of course, was aware of the Appointor C’s child.

C. Around July 21, 2014, a designated person C requested genetic testing to E, and as a result, it was found that the designated person C and E are not the parent-child relationship.

On August 2, 2014, the Plaintiff and the Selection C (hereinafter “Plaintiffs”) set up a letter of payment for KRW 50,000,000 to the Plaintiffs on the same day (hereinafter “instant letter of payment”).

E. Meanwhile, on August 6, 2014, the Appointor C filed a lawsuit against the Defendant and E seeking revocation of marriage, confirmation of existence of paternity, etc. under the Suwon District Court’s Ansan Branch 2014ddan7781. On June 19, 2015, the said court rendered a judgment on revocation of marriage between the Appointor C and the Defendant, and recognition of the Appointor C’s consolation money of KRW 13,00,000 as consolation money, and the said judgment became final and conclusive on December 12, 2015 following the appellate trial procedure of Suwon District Court 2015Reu1982.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6, Eul evidence 1, 3, Eul evidence 5 and 6 (including paper numbers), the purport of the whole pleadings]

2. Determination

A. According to the facts of recognition as above, the defendant is obligated to pay the plaintiffs the agreed amount of KRW 37,000,000,000 for the agreed amount of KRW 50,000 as stipulated in the letter of payment in this case (the plaintiff has reduced the purport of the claim in consideration of the fact that KRW 13,00,000 has been recognized in family cases by the selected parties C, and the compensation for delay has been paid.) and the compensation for delay.

B. The defendant's assertion (1) first, the defendant prepared the letter of payment in this case by coercion of the plaintiffs, and thus the defendant's rejection of the payment in this case.

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