(영문) 서울중앙지방법원 2019.07.18 2019나12656

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(영문) 서울중앙지방법원 2019.07.18 2019나12656

손해배상(기)

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 6, 2014, at around 04:45, the Plaintiff sent to the Defendant a file recording the face value of the Defendant’s sexual intercourse with C using a mobile phone and expressed the Defendant’s attitude to inform the Plaintiff and the Defendant of the sex relationship.

(hereinafter “instant intimidation”). (b)

The defendant filed a complaint with the Dongjak Police Station to the effect that the plaintiff has withdrawn money by threatening the plaintiff to rape the defendant and disclose sex relations.

C. On May 15, 2014, the Plaintiff and the Defendant agreed with respect to the above accusation case (hereinafter “instant agreement”) and the details thereof are as follows.

1. The plaintiff is subject to the truth-finding on the case where the defendant filed a complaint against the plaintiff.

2. After the establishment of this agreement, the Plaintiff did not contact the Defendant and his family members by means of personal Hand phone calls, text messages, mail files, SNS, etc., or find them in the workplace, office, etc. in which the Defendant and their family members reside.

3. The Plaintiff confirms that all photographs, videos, and audio-recording files taken by the Defendant’s body, etc. are destroyed, and that they are not kept any longer.

4. The plaintiff does not mention or refer to a third party as to the matters that had existed between the two parties, including the contents of the case in which the defendant filed a criminal complaint.

5. The Plaintiff shall pay 20,000 won, other than the Defendant’s business, until June 30, 2014.

In addition to the above KRW 20 million, it is confirmed that there is no debt owed to the defendant by the plaintiff.

6. Upon conclusion of this agreement, the Defendant shall submit to the police a written withdrawal of the complaint, such as attaching it to the police.

The Defendant withdrawn the Plaintiff’s complaint in accordance with the instant agreement, but the Plaintiff did not pay the remainder of KRW 15 million.0 million, the Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 15 million.

유사 판례

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-서울중앙지방법원 2014.07.25 2014가단6990

-창원지방법원 2019.08.22 2018나60400

-서울중앙지방법원 2020.01.28 2019가단5142735

-제주지방법원 2017.06.01 2016나5511