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(영문) 청주지방법원 충주지원 2018.05.03 2017가합5723

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. The Plaintiff and the Defendant were married couple, and the Plaintiff filed a lawsuit seeking divorce against the Defendant (Cheongju District Court 2016ddan5171). On May 20, 2016, the conciliation between the Plaintiff and the Defendant (hereinafter “instant conciliation”) was established, and accordingly, the conciliation protocol was prepared.

1. The plaintiff and the defendant are divorced.

2. The Plaintiff shall pay 200,000,000 won to the Defendant as consolation money and division of property until May 30, 2016.

3. The plaintiff, the insured, and the insured, as the defendant, changed the insured to the defendant for Samsung Life Insurance (Undividend Samsung C&T), and the insurance premium will be borne by the defendant.

4. By May 30, 2016, the defendant shall leave the building (audio group C) in which the defendant resides.

5. Except as provided above, the plaintiff and the defendant shall not claim monetary against the other party in relation to the divorce of this case under any pretext, such as consolation money and division of property.

6. The plaintiff's remaining claims shall be waived.

B. The Plaintiff divorced with the Defendant according to the instant conciliation, and paid 200 million won as consolation money and division of property to the Defendant.

C. On December 18, 2017, the National Pension Service rendered a decision to pay part of the Plaintiff’s national pension (289,020 won per month) to the Defendant and notified the Defendant of the decision to pay the divided pension. D.

The relevant provisions of the National Pension Act in relation to the instant case are as follows:

The purpose of this Act is to contribute to the stabilization of living and the promotion of welfare of the people by providing pension benefits for old age, disability or death.

Article 58 (Protection of Entitlement to Benefits) (1) No entitlement to benefits shall be transferred, seized, or provided as security.

Article 64 (Persons Eligible for Divided Pension, etc.) (1) A person whose marriage period (limited to the marriage period during the spouse's insurance coverage period; hereinafter the same shall apply) is at least five years shall be as follows:

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