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(영문) 수원지방법원 2021.01.13 2020나59772
약정금 등
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

The judgment of the court of first instance is ordered.

Reasons

1. Basic facts

A. The Plaintiff, Defendant B, and C were the representative members of the Assembly of Residents (hereinafter referred to as the “Council of Residents”) composed of the occupants who reside in the building of Ansan-si E, and Defendant D is the occupants of the said building.

B. On June 4, 2012, Defendant B filed a complaint with the Plaintiff via defamation, etc., and the Plaintiff received a summary order of KRW 2 million on September 14, 2012.

On August 13, 2013, the Plaintiff appealed to the above summary order and filed a request for formal trial with the Suwon District Court 2012 High Court 1946, and was rendered a judgment of not guilty by the said court.

Therefore, the prosecutor appealed with Suwon District Court 2013No. 4146, but the above appeal was dismissed on February 13, 2014, and the above judgment became final and conclusive around that time (hereinafter “relevant criminal procedure”). C.

On March 2014, the Plaintiff filed a complaint against the Defendants on the ground that perjury was given in the relevant criminal litigation. The Plaintiff and the Plaintiff’s representative meeting filed a lawsuit claiming damages against the Defendant B (hereinafter “relevant 1 civil lawsuit”) with the Suwon District Court Branch Decision 2014Ga7940.

(d)

On November 19, 2014, the Plaintiff and the Defendants drafted a written agreement (hereinafter “instant agreement”) with the following contents, and around that time, the Plaintiff voluntarily withdrawn the said complaint against the Defendants and the relevant civil litigation against Defendant B.

① In the instant case: 2014 type No. 39818 No. 39818: Defendant Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff’s lawsuit: the said Plaintiff’s aforementioned four are withdrawn upon mutual agreement.

After the vehicle, the representative meeting of the occupants of the instant case and the occupants of the instant case agree to jointly and severally respond to and cooperate with each other when they raise an objection to this case (as a matter of responsibility).

E. On December 23, 2014, the representative meeting of the occupants of the instant case against the Plaintiff at the Suwon District Court Branch Branch 2014 Ghana 62682, the Plaintiff’s “in the relevant criminal procedure and related civil procedure.”

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