채권양도이행 등 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 27, 2009, D filed a lawsuit against Defendant C seeking divorce, division of property, etc. under the Seoul Family Court Decision 2009Dhap4725 against Defendant C on May 27, 2009. Accordingly, Defendant C filed a counterclaim against D on August 13, 2009 against Seoul Family Court Decision 2009Dhap8222 to seek divorce, consolation money, etc. (hereinafter “instant divorce lawsuit”).
(2) On June 1, 2011, the Seoul Family Court rendered a divorce against D and Defendant C. Defendant C rendered a judgment ordering D to pay consolation money of KRW 30 million as consolation money from July 11, 2009 to June 1, 201, and KRW 20% per annum from the next day to the day of full payment. Defendant C shall pay to D the amount calculated at the rate of KRW 565 million per annum from the following day to the day of full payment. Defendant C shall pay consolation money of KRW 50 million per annum from the day after the judgment becomes final to the day of full payment. Defendant C may order D to pay consolation money of KRW 30 million as consolation money from July 11, 2009 to June 1, 201, and the end of each month from April 21, 201 to the day of full payment.
3) On November 8, 2012, the Seoul High Court rendered a judgment against the judgment of the first instance that “The part of the judgment of the first instance shall be changed to that of Defendant C to pay the amount calculated at the rate of 5% per annum from the day following the day on which the judgment becomes final and conclusive to the day of full payment, and all remaining appeals filed by Defendant C are dismissed” (hereinafter the above judgment of the appellate court is referred to as “the judgment of the first instance”), and that “the claim against Defendant D to pay the amount of property division among the judgment of the first instance shall be changed to that of Defendant C to pay the amount calculated at the rate of 1 billion won per annum from the day after the judgment of the first instance is final and conclusive to the day of full payment.” (including the judgment of the first instance).