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(영문) 울산지방법원 2016.06.23 2015나22908
손해배상(기)
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 court’s explanation concerning this case is as follows: “The plaintiff and C still have a legal marital relationship, etc.” in the 3th, 9, and 10th, of the judgment of the court of first instance; and “the plaintiff and C still have a legal marital relationship, etc.” in addition to adding the content of paragraph 2, the part of the judgment of the court of first instance is identical to the part of the judgment of the court

2. The addition;

A. On February 17, 2015, the Plaintiff filed a lawsuit against the Defendant for damages against the Ulsan District Court 2015dan51639, Ulsan District Court (hereinafter “Ulsan District Court”). However, on April 17, 2015, the Plaintiff entered into an action on the condition that he/she would be paid KRW 7 million from the Defendant to the Defendant as early as the first police officer, and the Defendant paid the said amount to the Plaintiff, and the Plaintiff withdrawn the said lawsuit on April 2, 2015.

Therefore, the lawsuit of this case is unlawful as it goes against the above subordinate statute.

B. Comprehensively taking account of the overall purport of the statements and arguments in subparagraphs 6-1 and 2-1 and 6-2, the Plaintiff filed a lawsuit for damages against the Defendant with the U.S. District Court 2015Da51639, Apr. 2, 2015, which was acknowledged that the said lawsuit was withdrawn on April 2, 2015. However, it is insufficient to recognize that the aforementioned facts and each of the statements in subparagraphs 7 through 10 are insufficient to acknowledge that the Defendant agreed not to institute a lawsuit against the Defendant regarding an illegal exploitation that infringes upon the Plaintiff’s marital life, and there is no other evidence to prove otherwise.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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