(영문) 전주지방법원 2016.10.26 2016가단19543

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(영문) 전주지방법원 2016.10.26 2016가단19543

손해배상(기)

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. As to the legitimacy of the instant lawsuit, the Plaintiff asserted that the Defendant suffered bodily injury from the Defendant’s intentional injury, and that he was threatened with intimidation, and sought payment of the Defendant’s actual income of KRW 60 million, medical expenses, KRW 5,418,830, KRW 5 million, KRW 70,418,830, KRW 5 million, and damages for delay.

However, according to the statement in Eul evidence No. 1, on March 29, 2016, the plaintiff and the defendant agreed that "the plaintiff and the defendant shall not withdraw all civil and criminal cases including the case of damages 2016 Ghana District Court 2016da1012, and shall not file a lawsuit (hereinafter "the agreement of this case")," and according to the above facts, the lawsuit of this case lost the benefit of protection of rights in accordance with the agreement of withdrawal of the lawsuit of this case.

As such, it is unlawful.

The plaintiff asserts to the effect that the agreement in this case was withdrawn. However, even according to the statement of the agreement prepared at the time of the agreement, the plaintiff confirmed the account details within two months after the release from prison and paid 50% of the defendant's investment amount, and the plaintiff's payment of 500,000 won per month from February 10, 2012 to March 29, 2016 to the defendant shall be paid 24 months, respectively. Since the plaintiff confirmed the account in the name of the defendant and paid 50% of the remaining 50% of the amount before the agricultural bank contract, the plaintiff is obligated to calculate the defendant's investment amount and pay the amount in installments as stipulated in the agreement in this case, and since the defendant's investment amount is less than the amount anticipated by the plaintiff, the plaintiff's argument in this case cannot be deemed to have withdrawn merely because the plaintiff's assertion is without merit.

2. In conclusion, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.

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