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(영문) 의정부지방법원 2019.03.28 2018가단107008

기타(금전)

Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from January 25, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On February 12, 2016, the Defendant entered into a lease agreement between the Defendant and D, setting the term of lease from March 18, 2016 to March 17, 2018 (hereinafter “instant lease agreement”) as KRW 200,000,000, the deposit amount of which was set as KRW 200,000.

At the time, the defendant was granted a loan of KRW 160,000 from the G Bank.

B. On October 25, 1989, the Plaintiff and the Defendant were married couples who completed the marriage report between the Plaintiff and the Defendant. The Defendant committed an unlawful act with Nonparty H, and on August 4, 2016, the Plaintiff filed a lawsuit seeking divorce and division of property against the Defendant and H [Case No. 2016dhap1203), which was transferred to the Suwon Family Court (Case No. 2016dhap507974).

hereinafter referred to as “instant divorce lawsuit”

The proposal was filed.

The Plaintiff and the Defendant agree with respect to the Plaintiff A’s instant case, including the divorce No. 2016Dhap1203, as follows:

C. Foods

1. The plaintiff and the defendant are divorced.

2. As to consolation money:

A. The Defendant shall pay the Plaintiff KRW 10,000,000 to October 25, 2016 after the divorce became final and conclusive to the consolation money, and the Defendant shall pay the Plaintiff KRW 10,000 to the Plaintiff.

B. From one year after the judgment of divorce became final and conclusive to October 25, 2017, the Defendant shall additionally pay to the Plaintiff KRW 10,000,000,000, and if each of the above amounts is not paid by the above date, the amount shall be paid at the rate of KRW 15% per annum with respect to the unpaid amount.

3. As to the division of property:

A. As to the division of property, the pre-paid deposit under the name of the Defendant is to be changed to the contractor in the name of the Plaintiff.

B. The Defendant will pay interest of KRW 160,00,000 after the transfer of the name of the above lease contract until the expiration of the lease period.

4. The Defendant each month from November 25, 2016 to October 25, 2017 after the date on which the above divorce became final and conclusive to the Plaintiff.