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(영문) 광주지방법원 2018.12.05 2018나57925
약정금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. After completing the marriage report on October 21, 2016, the Plaintiff and the Defendant were legally married couple, but the Defendant filed a divorce and consolation money lawsuit against the Plaintiff on August 30, 2017, against the Plaintiff under the Gwangju Family Court 2017Ddan35541, and the Plaintiff filed a counterclaim against the Defendant (hereinafter collectively referred to as the “instant divorce lawsuit”).

B. On November 3, 2017, when the date for pleading of the instant divorce lawsuit was the date for pleading, the Plaintiff and the Defendant: (a) paid KRW 20,000,000 to the Plaintiff with respect to the instant divorce lawsuit by November 30, 2017; (b) the Plaintiff and the Defendant did not pursue civil responsibilities regarding the instant case thereafter; and (c) drafted each of the instant letters stating that “the Plaintiff and the Defendant did not slander each other,” and signed and affixed their seals on each of the said letters.

C. After drawing up the letter of this case, the Plaintiff and the Defendant reached a judicial compromise (hereinafter “conciliation of this case”) with the following contents on the date of pleading of the divorce lawsuit of this case:

Reconciliation Clause

1. The Plaintiff (Counter-Defendant; hereinafter the same shall apply) and the Defendant (Counterclaim Plaintiff; hereinafter the same shall apply) are divorced.

2. The Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) shall not claim monetary against the other party under any pretext, such as consolation money and division of property, in connection with the divorce of this case.

3. The Plaintiff (Counterclaim Defendant) waives the remainder of the principal claim, and the Defendant (Counterclaim Plaintiff) waives the remainder of the counterclaim claim.

4. Litigation costs shall be borne by each person;

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion and the Defendant, immediately before the settlement of this case, did not prepare a written statement of this case that the Defendant agreed to pay KRW 20,000,000 to the Plaintiff.

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