Appellee, Hanif Roshan, filed this breach of contract action seeking to recover funds owed to him under the terms of a settlement agreement personally guaranteed by appellant, Madatali Unami d/b/a Nice Check Cashing, Inc. Unami appeals the trial court’s grant of summary judgment in favor of Roshan. Unami contends the trial court’s decision was erroneous in light of evidence that Roshan breached a confidentiality provision of the settlement agreement. Because we conclude that the confidentiality provision was void as a matter of public policy, we find no error and affirm.Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Citation omitted. Matjoulis v. Integon Gen. Ins. Corp. , 226 Ga. App. 459 1 486 SE2d 684 1997. So viewed, the evidence shows that Roshan and Unami’s business partner, Ali, entered into a Settlement, Release, and Confidentiality Agreement “the settlement agreement” under which Ali agreed to pay Roshan $75,000 no later than December 31, 2004 as payment and settlement for the discharge of a preexisting debt. The settlement agreement also contained a confidentiality provision under which the parties agreed not to disclose the terms or substance of the agreement to any other person. Unami personally guaranteed Ali’s payment under the terms of the settlement agreement, and executed the agreement along with Roshan and Ali.
After the settlement agreement was executed, Roshan had a chance encounter at a grocery store with Arif Merchant. Merchant was the primary financial backer of a business operated by Ali and Unami. During the encounter, Roshan asked Merchant for Ali’s contact information and disclosed that “Ali owed him monies from business dealings.” When Merchant learned this information, he contacted Ali and demanded a full explanation of the indebtedness.
