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(영문) 서울중앙지방법원 2018.07.20 2017가단5196059

부당이득금

Text

1. The portion equivalent to the lease deposit and property tax claim shall be dismissed in the principal lawsuit by the plaintiff (Counterclaim defendant);

2...

Reasons

1. Basic facts

A. On February 12, 1988, the Defendant reported a marriage with the Plaintiff and filed a claim for divorce against the Plaintiff, etc. against the Seoul Family Court 2016Dhap31046, and the Seoul High Court 2017Reu21183 case (hereinafter “relevant case”), the appellate court of the instant case, concluded conciliation on July 3, 2017, and divorced with the Plaintiff.

B. Details of the mediation of the relevant case are as follows.

1. The plaintiff (the "defendant" in this case) and the defendant (the "Plaintiff" in this case) are divorced.

2. The plaintiff, the defendant, the conciliation intervenor (referring to the plaintiff of this case and C in a mixed de facto marital relationship with the plaintiff of this case after giving birth to the plaintiff of this case) shall determine consolation money as follows:

The defendant and the conciliation intervenor shall jointly and severally pay the plaintiff 50 million won as consolation money to the extent of October 3, 2017, and if the payment is delayed, the late payment damages calculated by adding 5% per annum to the day from the day after the above payment date to the day of full payment.

B. The Plaintiff’s above 2-A from the Defendant or the Intervenor.

At the same time, the Seoul Family Court (Seoul Family Court 2017 business group30486) withdraws the application for provisional seizure, and implements the procedure of cancelling the enforcement thereof, and (2) withdraws the lawsuit against the Intervenor for damages claim against the Seoul Family Court 2017ddan313038, and the conciliation intervenor consents to the withdrawal thereof.

3. The plaintiff and the defendant shall determine the division of property as follows:

The Defendant shall be paid KRW 700 million to the Plaintiff with the division of property, and it shall be paid KRW 300 million up to October 3, 2017 in two installments, and the remainder of KRW 400 million up to March 3, 2018, respectively. If the Defendant is to do so one time, the Defendant shall lose the benefit of the time and shall pay damages for delay calculated at the rate of 5% per annum from the day after the date of loss of the benefit of the time to the day of full payment for the entire remainder.

B. The plaintiff 3-A from the defendant

The money stated in this subsection shall be paid in full.