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Reasons
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(영문) 대구지방법원 2020.02.19 2019나5459
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 May 24, 2017, the Defendant, who was the spouse of the Plaintiff in de facto marital relationship, told the Plaintiff to “I am in the house if I would be affiliated with C” but was rejected from the Plaintiff, and the Defendant abused the Plaintiff and inflicted an injury upon the Plaintiff, such as a acute light, a brue, and a brue base that requires treatment for 14 days (hereinafter “instant injury”).

B. On August 31, 2017, the Plaintiff filed a lawsuit against C claiming compensation for damages, etc. due to the wrongful destruction of a de facto marriage (hereinafter “the Daegu Family Court 2017da109023,”) and on February 1, 2018 in the process of the said lawsuit, including the content that “A is designated as a person with parental authority and custody of the principal of the case; the Plaintiff shall pay C the child support amounting to KRW 500,000 per month from March 1, 2018 to June 23, 2035; and C shall pay the Plaintiff KRW 10,000,000 as consolation money until February 28, 2018; and it shall be paid to the Plaintiff at the rate of 10% per annum from March 1, 2018 to the date of full payment (hereinafter “prior mediation”).

1. The person with parental authority and the custodian of the principal of the case shall be changed from C to the plaintiff.

2. The Plaintiff does not claim the child support for the principal of the case to C.

3. C shall pay to the Plaintiff KRW 10 million up to 12:00 on February 28, 2018.

C If C delays the payment of the above KRW 10 million, C shall pay the penalty plus the damages for delay calculated at the rate of 2 million won plus the penalty, plus the damages for delay calculated at the rate of 10%.

4. C shall actively cooperate with the Plaintiff in the event that C wishes to participate in the visitation right of the principal of the case.

5. With respect to the case where the defendant assaultss the plaintiff, the plaintiff shall submit a written withdrawal of the complaint.

C. Since then, on February 26, 2018, the Plaintiff and C drafted an agreement with the following contents, which amended the preceding adjustment clause (hereinafter “instant agreement”), and received authentication on the same day.

C paid KRW 10,00,000 to the Plaintiff on February 28, 2018.

E. The Defendant on June 1, 2018

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