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(영문) 수원지방법원 2019.09.04 2018나92141
합의금(손해금) 청구
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. Facts of recognition;

A. The Defendant’s spouse C committed assault to the Plaintiff at least ten times on June 24, 2017, on the ground that the Plaintiff and the Defendant were in a way in E located in Ansan-si D around 09:20, on the ground that he and the Defendant were in the Defendant’s external map.

B. During the process of being investigated into the instant case, C demanded that the Plaintiff prepare a written agreement.

C. On July 15, 2017, the Plaintiff drafted and implemented a written agreement with C on July 15, 2017, and from the Defendant, the Defendant requested the agreement that C may suffer disadvantages if there is a criminal record related to violence during which C is employed as childcare teachers, but the Plaintiff is able to prepare a written agreement and a written agreement, which states that “A shall not be able to prepare the written agreement without any condition.” The Plaintiff filed a lawsuit against the Plaintiff for damages, and the Defendant promised to pay the amount of all the claims against C simultaneously with the judgment on behalf of the Plaintiff (hereinafter “instant payment note”).

C was disposed on July 31, 2017 in accordance with the above agreement submitted by the Plaintiff that the Plaintiff was not authorized to institute a public prosecution.

(C) The office of the District Public Prosecutor's Office shall be in accordance with the Criminal Procedure Act, No. 17956, 2017.

On the other hand, on October 18, 2017, C filed a lawsuit against the Plaintiff on June 2, 2017 with the Suwon District Court Decision 2017Kadan5686, which held that “the Plaintiff shall pay to C consolation money of KRW 20 million and damages for delay calculated at the rate of KRW 5% per annum from June 23, 2017 to October 18, 2017,” and that “the Plaintiff shall pay damages for delay calculated at the rate of 15% per annum from the next day to the day of full payment” (hereinafter “instant judgment”).

E. The Plaintiff delivered KRW 22,140,263 in total to C for the payment of the instant judgment and expenses.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 4 (including branch numbers for those with serial numbers).

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