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(영문) 전주지방법원군산지원 2016.06.28 2016가단51366

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On August 24, 1985, the defendant completed the marriage report with C on August 24, 1985, and had the plaintiff who is a child between C and C.

C filed a lawsuit against the defendant seeking divorce, consolation money, and division of property with the Jeonju District Court's 2013ddan2074.

Around June 2013, the Defendant and C had reached an agreement as follows (hereinafter “instant agreement”).

1.C withdraws the provisional disposition against D Apartment 101, 403, Dong, Sinsan-si.

2. Upon withdrawal of the above provisional disposition by C, the Defendant shall pay C the amount of KRW 50 million on June 28, 2013.

3. The defendant transferred the total amount of retirement allowances to be paid by Korea MM Co., Ltd to the plaintiff and notified the transfer to the above company.

4. In a case where the above 1 to 3 is completed, C and the defendant shall be divorced.

5. In recovering KRW 80,000,000,000,000,000,000 won for the 2013 Military Accounting Branch of the Jeonju District Court and the 2013 Military Accounting Branch of the Jeonju District Court and KRW 794,00,000,000,000,000 for the 2013 Military Accounting Branch of the 2013 Military Accounting Branch of the Jeonju District, the Plaintiff consented to the cancellation of security

around that time, the Plaintiff and the Defendant concluded a contract on the transfer and takeover of claims to transfer retirement allowances held by the Defendant to the Plaintiff. On the 24th of the same month, the Defendant sent notice of the transfer of retirement allowances to Korea M& Co., Ltd.

On December 10, 2013, the court which deliberated on a divorce lawsuit between the defendant and C, rendered a judgment to the effect that the defendant and C are divorced, and that the defendant would pay C a solatium a solatium a solatium amounting to 20 million won, 6750,000 won under the pretext of property division, and damages for delay with respect to each of the above amounts (hereinafter “instant divorce judgment”).

In determining the division ratio of property between the Defendant and C, the instant divorce judgment considered that “the Defendant is in the position to receive a reasonable amount of retirement pay when he retires in the future.”