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(영문) 대전지방법원 2018.01.25 2017가합105993

약정금

Text

1. The Defendant’s KRW 30 million to the Plaintiff and the Plaintiff’s KRW 5% per annum from December 15, 2017 to January 25, 2018.

Reasons

Facts of recognition

The plaintiff and the defendant were married, and on October 4, 2012, the agreement was married.

In the process of divorce between the Plaintiff and the Defendant, on June 29, 2012, the Plaintiff and the Defendant drafted the “instant agreement” (hereinafter referred to as the “instant agreement”).

On February 16, 2012, the plaintiff prepared a divorce agreement with the defendant on February 16, 2012, and implements it in good faith until now for divorce, and agree as follows due to the occurrence of some changes in the implementation process.

1. Based on the divorce agreement on February 16, 2012, the Defendant paid to the Plaintiff a total of KRW 500 million ( KRW 300 million on February 24, 2012, KRW 100 million on May 31, 2012, KRW 100 million on June 26, 2012) with a single-lane division of property.

2. In order to pay KRW 500 million to the Plaintiff, the Defendant is in the name of the Plaintiff with respect to the real estate of Daejeon C Apartment 15, 1406, 1406 (hereinafter “instant apartment”) and Geumnam-si, Chungcheongnam-si (hereinafter “instant land”). The Defendant terminates the bonds created by collateral security on this real estate. Thereafter, the Plaintiff disposes of all or part of the said real estate, and the proceeds from the sale thereof are appropriated first to the second division of property. (B) The Plaintiff transferred the E and F shares under the name of the Plaintiff to the Defendant as division of property. (C)

C) Upon completion of the implementation of the above paragraphs (a) and (b), the Defendant shall pay to the Plaintiff the amount calculated by deducting the proceeds from the sale of the real estate as set forth in (a) above from the proceeds from the second division of property, before December 31, 2013.

3. After the completion of the foregoing 2-B, the Plaintiff and the Defendant proceed with legal divorce procedures. Under the instant agreement, the Plaintiff sold the instant apartment and transferred the Plaintiff’s shares E and F to the Defendant, but the instant land remains unsaleed until now. On April 2, 2014, the Plaintiff was paid KRW 200 million out of the amount of property division of the secondary amount of KRW 500 million, which was paid by the Defendant pursuant to the instant agreement. [Grounds for Recognition], the Plaintiff did not dispute, and Nonparty 1 through 5 (numbered) (numbered).