beta
(영문) 대구지방법원 2019.08.29 2018가합206886

약정금

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) KRW 93,587,018 and its related thereto shall be from July 13, 2019 to August 2019.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On November 17, 1992, the Plaintiff reported a marriage with the Defendant, but was married on May 13, 2014.

As a child of the plaintiff and the defendant, there is a minor D at the time of divorce with C.

B. On February 11, 2014, the Defendant drafted and implemented a divorce agreement with the following content to the Plaintiff (hereinafter “instant agreement”).

Agreement of divorce between parties;

3. The plaintiff and the defendant shall comply with the following legal procedures with respect to the divorce.

After the plaintiff and the defendant own the house owned by the E in Youngcheon-si, Youngcheon-si, the defendant shall transfer the house without conditions to the plaintiff when the plaintiff sells the house, and shall transfer the total sale amount to the plaintiff.

B. The amount of the pension received by the defendant currently shall be transferred to the plaintiff and used as the current passbook and card, and the balance of the loan in the pension receipt shall be performed by the plaintiff without any change in the provisions of the Pension Act, in which automatic withdrawal is enforced in the defendant's passbook.

However, in principle, when the defendant reaches the age of 60, 50% of each other shall be jointly decomposed, and the agreement is reached that the plaintiff and the defendant observe and affix their signatures and seals and comply with the law.

C. Also, upon the death of the Defendant, indicate that the Defendant is paid to lineal ascendants and descendants after deliberation as data for family relation certificates and marital relation certificates in accordance with the National Pension Act.

(Provided, however, the above matters shall be abolished after the death of the defendant after the death of his lineal ascendant or descendant after the divorce, and the matters clearly stating the need for re-agreement with the person concerned in the payment of pension shall be recognized after mutual agreement. 4. Of the above 3. A, B, and C, the plaintiff and the defendant shall be deemed to have agreed with each other, and one copy of the agreement shall be kept after signing and sealing and a normal agreement shall be accepted.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 6, respectively.