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(영문) 서울중앙지방법원 2018.11.07 2018가합513974
약정금
Text

1. The plaintiffs' claims against the defendant (appointed parties) and the appointed parties D and E are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. Plaintiff A is the father of Plaintiff B, the Defendant and the Appointor D are married with each other, and the Appointor E is the children of Defendant and the Appointor D.

B. Around April 2012, Plaintiff B, while married with F, became aware of the Appointor E in the Korean History Education Center affiliated with the Sungchip University, and Plaintiff B and Appointor E began with the teaching system around May 2012.

C. Plaintiff B gave birth to H between the designated parties E on the G date, and the Defendant and the designated parties D reported H as their children, and they are raising H up to now.

On June 20, 2013, the Plaintiffs paid KRW 100 million to the designated parties E with H’s child support, etc. On the same day, the designated parties E prepared and sent to the Plaintiffs each letter stating that they will not submit all of the facts of H’s birth, etc. to the relatives of Plaintiff B and Plaintiff B (hereinafter “each letter of June 20, 2013”).

E. On March 21, 2014, the Defendant and the Appointed filed a claim for damages against the Defendant and the Defendant on the ground that the Plaintiff and the Defendant were in breach of their respective obligations under the Seoul Central District Court Decision 2014Ra2477, Daejeon District Court Decision 2014Ra2484, and the Plaintiff B, the Appointor E and the Defendant filed a claim for damages on the ground that they were in breach of their respective obligations on June 20, 2013.

F. 1) On October 14, 2014, the following agreements (hereinafter referred to as “instant agreements”) are concluded between the Plaintiffs, the Defendants, D, and E:

1) The Plaintiff A and 2 were written (the Plaintiff A and the Plaintiff B, the Plaintiff B, and the Party B, and the Party B, the Defendant and the Party B, the Party B, and the Party B, are Party E.

(1) On June 20, 201, Party A1 and Party A2 shall be paid KRW 50 million in addition to KRW 100 million paid to Party B 1, 2, and 3 on June 2013 with H’s child support, etc., but at the same time, KRW 30 million shall be paid at the same time as this Agreement, and the remainder KRW 20 million shall be paid until March 31, 2015.

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