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(영문) 서울북부지방법원 2019.07.23 2018가단119145
약정금
Text

1. The Defendant: 5% per annum from May 30, 2018 to July 23, 2019, and July 24, 2019, to the Plaintiff.

Reasons

1. Basic facts

A. On May 20, 201, the Plaintiff (C; hereinafter “Plaintiff husband”) and the legal couple who completed a marriage report with C (hereinafter “Plaintiff husband”) who is a foreigner of the nationality of Materna on May 20, 201, has two children (D students and E students).

B. In February 2016, the Plaintiff and the Plaintiff’s husband had been suffering from influence, etc., and the Plaintiff’s husband had been living together with the Defendant on September 17, 2016.

C. On October 12, 2016, the Plaintiff’s husband filed a lawsuit for divorce, etc. against the Plaintiff on the ground that “the Plaintiff neglected the Plaintiff’s husband’s marital relationship with verbal abuse and violence against the Plaintiff’s husband and operated the Plaintiff’s household on a voluntary basis, etc.” (the Seoul Family Court 2016Dhap40842). The said court dismissed the Plaintiff’s claim for divorce, etc. on the ground that “The Plaintiff and the Plaintiff’s husband did not make efforts to resolve this situation, and there was a big and small conflict during the marriage period on November 15, 2017 on the grounds that “the Plaintiff and the Plaintiff’s husband did not have been able to recover from the Plaintiff’s husband’s marital relationship with the Defendant,” but the lower court dismissed the Plaintiff’s claim for divorce, etc. on the ground that it cannot be deemed that the Plaintiff’s husband’s marital relationship with the Plaintiff and the Plaintiff’s husband could not be seen as failure due to the Plaintiff’s marital relationship with the Defendant. However, the Plaintiff’s appeal became final and dismissed on November 23137, 20.

On March 28, 2017, the Plaintiff filed a lawsuit against the Defendant for damages on the ground that he/she was suffering from mental suffering due to an unlawful act committed by the Defendant and the Plaintiff’s husband (Seoul Northern District Court 2017Gadan110196). In the conciliation procedure of the instant case, the compulsory conciliation decision (hereinafter “instant decision”) was made on June 15, 2017, and the said decision became final and conclusive on July 4, 2017.

Decisions

1. The Defendant shall pay the Plaintiff KRW 12 million by July 31, 2017.

(b) it;

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