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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. Basic facts
A. A. Around January 2016, the Plaintiff became aware of C, the Defendant’s husband, and upon the introduction of C, from April 2017 to the Internet gambling from around April 2017, the Plaintiff transferred money of KRW 300 million to C via the account, etc. in the name of the Plaintiff’s mother-child D to use for gambling money several times until July 2017, and some of them were returned from C.
B. On September 21, 2017, C was indicted with the Daejeon District Court on the charge of having purchased and administered phiphones over five occasions between the Plaintiff and April 2016, and from May 2017, on the charge that he/she had administered phiphones over five occasions.
(hereinafter “instant criminal case”). C.
The Plaintiff requested the Defendant, who is the wife of C, to pay the agreed amount, alleging that he suffered damages by causing narcotics and gambling as a result of the prosecution by C, and the Defendant, around November 10, 2017, prepared a written confirmation stating that “10,000,000 of the agreed amount shall be paid to the Plaintiff by November 17, 2017, and the remaining 200,000,000 won shall be paid by November 27, 2017” (hereinafter referred to as “written confirmation”).
Since then C was sentenced to a conviction of one year and one-month imprisonment in the instant criminal case (Seoul District Court 2017Ma3650), and appealed, but was sentenced to a judgment dismissing the appeal on September 12, 2018 (Seoul District Court 2018No425), and on January 17, 2019, the final appeal became final and conclusive by a judgment dismissing the appeal on January 17, 2019.
(Supreme Court Decision 2018Do15080). [Grounds for recognition] A without dispute, Gap evidence 1 through 4, 6, 7, 8, Eul evidence 1, 3, 4, 6 through 10 (including various numbers), the purport of the whole pleadings.
2. Summary of the parties’ assertion
A. The summary of the Plaintiff’s assertion is that the Defendant shall pay KRW 300,000,000 to the Plaintiff, and KRW 100,000,000 among them shall be paid until November 17, 2017, and KRW 200,000,000 shall be paid until November 27, 2017, and the instant confirmation document shall be issued.