각서금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 4:
The plaintiff married with the defendant, and she was married with his/her father D and her children under the influence of his/her marriage.
B. Around May 2005, the Defendant prepared and delivered each of the following documents with respect to property relations, fostering of children, and marriage (hereinafter “each of the instant documents”) to the Plaintiff, and divorced from the Plaintiff on May 18, 2005.
In the event that the plaintiff and the defendant shared by agreement, the plaintiff will undertake all of the following:
1. Subsidizing living expenses until C becomes an adult (legal amount of KRW 800,000 per month). 2. C subsidized school expenses by the time of graduation from a university.
3. To delegate the rental deposit for apartments currently residing in the Plaintiff.
4. All cash currently owned by the Plaintiff shall be delegated to the Plaintiff.
5. He shall delegate 700 square meters of forests and fields located in Yangyang-do to the Plaintiff.
6. Granting subsidies for the marriage type funds;
(60 million won). The defendant promises to comply with the above matters.
C. After having divorced from the Defendant, the Plaintiff brought up his children.
D was married on August 29, 2010, and completed the marriage report on November 29, 2010.
E. From May 10, 2010 to August 23, 2010, the Defendant remitted to the Plaintiff the sum of KRW 19 million with D’s marriage funds four times.
2. Summary of the parties' arguments
A. While a divorce between the Plaintiff and the Plaintiff, the Defendant prepared and delivered the instant written statement to the Plaintiff in return for bringing up the Plaintiff’s children to custody.
Accordingly, the plaintiff brought up his children, and married D, but the defendant paid only KRW 19 million to the plaintiff as the marriage fund of D.
Therefore, pursuant to Paragraph 6 of each of the instant notes, the Defendant is obligated to pay the Plaintiff the remainder of KRW 41 million with D’s marriage fund (=60 million - 19 million) and its delay damages.
B. Defendant 1’s letter of this case