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1. The plaintiff's lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
As a result of the instant lawsuit, the Plaintiff maintained a de facto marital relationship with the Defendant for about four years from January 2012, and was subject to serious verbal abuse, assault, injury, etc. committed by the Defendant. As such, the Defendant asserts that the Defendant is obliged to pay damages for the tort amounting to KRW 33,621,00 (i.e., KRW 12,021,000 for future medical treatment costs of KRW 6,800 for future medical treatment costs of KRW 4,800,000 for KRW 10,000 for damages for delay.
In regard to this, the defendant shall set up a defense prior to the merits, which is an unlawful lawsuit filed against the non-committee agreement.
In full view of the purport of the argument in the evidence No. 11, the Plaintiff filed a lawsuit against the Defendant and C regarding the claim for damages due to the destruction of a de facto marriage (Seoul Family Court 2016ddan307548). The claim cause of the lawsuit was that the Plaintiff and the Defendant began living together from January 2012 to maintained a de facto marital relationship, but they were claiming damages due to the failure of a de facto marital relationship between the Plaintiff and the Defendant due to a cause attributable to the Defendant, and that the lawsuit was filed on May 24, 2017. Voluntary conciliation was established in the litigation procedure, and “the Defendant shall pay 20,000,000 won to the Plaintiff by June 30, 2017. The Plaintiff and the Defendant waive all claims related to the resolution of de facto marriage, such as consolation money, division of property, etc. after the date the conciliation of this case was completed, and they do not include all disputes related thereto.”
According to the above facts of recognition, the plaintiff and the defendant should be deemed to have settled all legal issues arising from the destruction of de facto marital relations between the two parties by discretionary conciliation and agreed not to institute any dispute (including both civil, criminal, and household affairs) related to the resolution of de facto marriage.
The defendant's defense prior to the merits is reasonable.