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(영문) 서울북부지방법원 2014.05.15 2013가합7152
약정금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On April 4, 2011, the Plaintiff and the Defendant (the Plaintiff is a father-son and a career soldier) first attended with each other, and terminated the relationship with the Defendant’s separate notice around July 2, 2013.

B. On September 2, 2013, the Plaintiff submitted to the National Human Rights Commission for the examination of the Republic of Korea, a written application against the Plaintiff and the Defendant’s inhuman rights relationship. The Defendant was subject to disciplinary action.

[Reasons for Recognition] Facts without dispute, entries and images of Gap evidence 1 through 3 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff has a male in a de facto marital relationship with the plaintiff. The defendant, by using the plaintiff as a means for taking a bath, etc., notified the plaintiff of unilateral decision, thereby suffering mental and physical damage, such as depression, sincination, bathing, physical decrease, and sinchitis.

After that, the defendant promised to pay 150,000,000 won as consolation money for the settlement of relation with the plaintiff as a result of telephone conversations and text message with the plaintiff and the plaintiff.

(hereinafter referred to as the “instant agreement.” The Plaintiff primarily sought 150,000,000 won as agreed amount under the instant agreement and sought 80,000,000 won as damages for mental suffering, if the instant agreement is not acknowledged as preliminary.

B. The defendant notified the defendant of his intention to liquidate the relationship with the plaintiff, and the plaintiff's side threatened the defendant to "be out of military uniforms and know to his family", and the defendant did not have any attitude of refusing to reject the agreement in telephone conversations, etc. to resolve the time smoothly, but the agreement of this case is not established, and even if the agreement of this case was established, it is revoked on the ground of coercion.

3. Determination

A. According to the overall purport of the evidence Nos. 1, 2, and 6 as well as the overall purport of the pleadings, the first defendant's demand for KRW 150,00,000 for the plaintiff.

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