(영문) 춘천지방법원 강릉지원 2018.08.29 2017가단35423

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(영문) 춘천지방법원 강릉지원 2018.08.29 2017가단35423

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and C are the married couple under the law that has completed a marriage report, and have three married couple among them.

B. From the end of January 2016 to the end of January 2017, the Defendant met with C, including the sex relationship with C.

C. The plaintiff maintains a matrimonial relationship with C until now.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. As to the instant lawsuit claiming compensation for damages by asserting that the Plaintiff’s unlawful act with C against the Defendant in determining the Defendant’s main defense constitutes a tort, the Defendant asserted that the instant lawsuit is unlawful, since the Plaintiff and the Defendant entered into a non-committee agreement on May 25, 2017, and thus, the instant lawsuit is unlawful.

In full view of the purport of the argument in the statement No. 1, the plaintiff, C, and the defendant on May 25, 2017, "1. C and the plaintiff shall not communicate with the defendant and his/her his/her his/her his/her married couple in entirety from the date of the preparation of this Agreement. 2.C and the plaintiff shall not be held liable for any civil or criminal liability against the defendant, and the defendant shall not be held liable for any civil or criminal liability against C and the plaintiff. 3. After the formation of this Agreement, the defendant shall not request the inspection and investigation of any civil petition and any inspection and investigation that may be disadvantageed against C. . 4. The defendant may revoke the inspection and investigation case already entered into, and cooperate with him/her without the inspection and investigation (hereinafter referred to as the "agreement in this case").

According to the above facts of recognition, the plaintiff agreed not to ask the defendant for any civil or criminal liability against C and the defendant's misconduct.

As such, the lawsuit of this case filed in violation of the agreement is unlawful as there is no benefit of protection of rights.

On this issue, the Plaintiff requested a written agreement from C’s inspection.

유사 판례

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