(영문) 광주지방법원 2019.04.17 2018가단524554

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(영문) 광주지방법원 2019.04.17 2018가단524554

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on May 1, 2014.

B. The Defendant knowingly committed an unlawful act, such as having sexual intercourse with C from around B, 2017, with knowledge that C had a spouse.

C. On July 3, 2018, the Plaintiff, as the Defendant’s penal father, agreed to the effect that “the Plaintiff shall receive KRW 20 million from the Defendant as consolation money, and shall not be liable to the Defendant for the days that occurred until that time, but shall not be held liable to the Defendant any further if a fraudulent act occurs thereafter, the said agreement shall be null and void and shall be held liable to the Defendant for civil or criminal liability.”

[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings

2. Since the Plaintiff’s assertion was made after the formation of the above agreement, the above agreement became null and void, and the Defendant shall compensate the Plaintiff for damages caused by a fraudulent act.

3. The fact that the defendant and C obtained only once from the carpet around July 13, 2018, which was after the preparation of the above agreement, and around July 13, 2018, there is no dispute between the parties, but at the same time the defendant and C met with the defendant, or the defendant made a statement to the effect that the plaintiff would end the divorce with the plaintiff as alleged by the plaintiff at the time, "or," "or," to the effect that the plaintiff would end the divorce, is insufficient to recognize that the defendant and C committed a fraudulent act again after the preparation of the above agreement, and there is no sufficient evidence to acknowledge it otherwise.

4. Thus, the plaintiff's claim of this case under the premise that the defendant committed a fraudulent act again with C after July 3, 2018 is dismissed without any further need.

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