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(영문) 의정부지방법원고양지원 2016.03.30 2015가합540

약정금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 235,243,530 as well as the payment thereof from October 9, 2015 to October 23, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is the F’s wife, and the Defendants and G are F’s children (the Plaintiff and the Defendants are not the mother’s children), and F (hereinafter “the deceased”) died, and the Plaintiff, Defendants, and G inherited the deceased’s property.

B. The Defendants and G filed a claim against the Plaintiff for the division of inherited property with the Goyang-gu District Court 2012Rahap5. On June 3, 2013 in the instant case, the mediation was concluded on the following grounds: “The Plaintiff owned the Plaintiff’s H large 680 square meters and its ground (hereinafter “H land and buildings”) and the Plaintiff did not exercise any right against the deceased’s inherited property other than H land and buildings; the Defendants and G succeeded to the Plaintiff’s interest of KRW 90 million and its interest from June 4, 2013 to June 4, 2013 on the aggregate of the secured debt amounting to KRW 1.2 billion among the secured debt amount of each right to collateral security established on H land and building, and from June 4, 2013 to the date of full payment, the interest amount of KRW 30 million and its interest from June 4, 2013 to the date of full payment shall be the Defendants and G.”

C. On June 2013, the Plaintiff, the Defendants, and G agreed that “the Plaintiff shall fully repay the secured debt of KRW 1.2 billion with each of the collateral security rights established on H land and buildings, and the Defendants and G shall jointly pay the Plaintiff KRW 300 million and the interest thereon (hereinafter “instant agreement”). The Plaintiff fully repaid the amount of KRW 1,204,645,480, total sum of the secured debt established on H land and buildings to the Suhyup Bank on June 21, 2013 in accordance with the instant agreement.

The Defendants and G set up a collective security right to secure the obligation under the instant agreement and the obligation of KRW 50 million separately assumed by Defendant D to the Plaintiff on August 8, 2013. The Defendants and G set up a collective security right to secure the Plaintiff’s KRW 50 million. As regards the Plaintiff’s land of KRW 1034 square meters (hereinafter “instant land”) prior to Jinju-si, for which Defendant B, C, D, and G own 1/4 shares, 1/4 shares. < Amended by Presidential Decree No. 24678, Aug. 9, 2013>