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(영문) 울산지방법원 2016.06.17 2015가단61360

약정금

Text

1. The Defendant’s annual interest in KRW 77,77,00 and each of the above amounts to the Plaintiffs from May 4, 2015 to November 2, 2015.

Reasons

1. Basic facts

A. There are children of net D (Death on October 30, 2014), net E (Death on August 1, 2013), Plaintiff B (Death on August 1, 2013), networkF (Death on November 30, 2015).

The heir of the network D has the defendant, children, G, H, and I who are the wife, and the heir of the network E is the plaintiff A, the child of the plaintiff, the husband, and the K.

B. From March 2010, the network F, network D, network E, and Plaintiff B shared and leased each real estate and the above LA (hereinafter “each of the instant real estate”). From around August 3, 2010, the network D, South and North Korea, was in charge of the lease of each of the instant real estate, and the profits therefrom were shared by the network F, network E (However, as the network E died on August 1, 2013, J and K succeeded to the shares of the network E on each of the instant real estate by an agreement division), and died on October 30, 2014, without properly distributing it to the Plaintiff.

C. Accordingly, around March 18, 2015, the Plaintiffs and the Defendant drafted a written agreement on the allocation of accrued rental earnings (hereinafter “instant agreement”) with the following content.

1. Current status of leased real estate: Each real estate of this case;

2. Period: From March 2010 to December 2, 2014;

3. The Plaintiffs, including their respective shares and F shares that have not been distributed due to the failure to manage D during the above period, receive KRW 100 million from their respective successors, and waives all their obligations and rights with respect to the previous lease proceeds on December 2014, and do not raise any objection thereto.

4. As of December 31, 2014, the payment of F unpaid tax shall be made from the balance as of December 31, 2014, the difference shall be owned by the Plaintiffs, and the F balance shall be zero won on January 1, 2015.

5. The value-added tax before December 31, 2014 shall be paid by the person having the right to inheritance in the case of deficiencies.

6. Time to pay: Payment shall be made within ten days from the date the inheritance agreement of a person holding a right to inheritance is reached in D.

Provided, That where payment is not made after the agreement, 1% interest per month from the date of agreement shall be additionally paid.

The interest accruing from a deposit shall not exceed one year after the statutory deadline for inheritance, and in cases of exceeding one year.