(영문) 대구지방법원상주지원 2015.08.12 2015가단1023

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(영문) 대구지방법원상주지원 2015.08.12 2015가단1023

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 3, 2011, the Plaintiff and Nonparty C reported marriage, but the agreement was married on August 8, 2013.

B. On August 5, 2014, the Plaintiff filed a lawsuit seeking damages against the Defendant under the 2014Kadan2845 resident support at the Daegu District Court, and withdrawn the said lawsuit on September 30, 2014.

C. On September 30, 2014, the Plaintiff and the Defendant drafted each of the following descriptions (hereinafter “instant notes”).

Schedule:

1. The defendant and C do not bring a lawsuit against the plaintiff, such as civil, criminal, and criminal complaint or accusation after this day.

2. The Defendant shall not have any private son between C and C.

3. Any person, other than the defendant's family, shall not be liable for civil and criminal liability against C.

4. When violating the above paragraphs 1 through 3, the defendant shall pay to the plaintiff the penalty of KRW 30 million.

5. In the event that the Plaintiff again filed a suit in the instant case after the drawing up of the instant report, the Plaintiff shall pay to the Defendant a penalty of KRW 30 million as penalty.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Plaintiff suffered from the Plaintiff’s inappropriate remaining son, and accordingly, the Plaintiff filed a lawsuit against the Defendant for damages on August 5, 2014. On September 30, 2014, the Plaintiff agreed with the Defendant on the same content as that of the instant claim in the course of withdrawing the said lawsuit. Accordingly, the Defendant became aware that he/she had to have both C and private son as prescribed by the instant written statement. Nevertheless, on February 19, 2015, the Defendant violated paragraph (2) of the instant written statement with C and C, respectively. Accordingly, the Defendant violated each of the instant written statements. Accordingly, the Defendant is obligated to pay the Plaintiff penalty of KRW 30 million and damages for delay pursuant to paragraph (4) of the instant written statement, and the Defendant is obligated to pay the Plaintiff a penalty of KRW 2, 200,000,000 and damages for delay.

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