약정금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Determination as to the cause of claim
A. Around November 2014, the Plaintiff prepared a written statement of performance that, under the pretext of an agreement on child support, etc. after divorce between the Defendant and the Defendant, the Defendant paid the Plaintiff KRW 300,000 per month living expenses and KRW 3,300 per month until April 2016, and that, by December 31, 2014, the amount of variable insurance cancellation amount shall be KRW 9,00,000 shall be paid by December 31, 2014.
However, since the Defendant paid only part of the cost of living agreed as above, it is obligated to pay to the Plaintiff the sum of KRW 6,400,000 in total and KRW 9,00,000 in total and KRW 15,40,000 in cancellation fee of variable insurance, and damages for delay.
B. In full view of the overall purport of the statements and arguments as to Gap evidence Nos. 1, 3, 2, and 4, the plaintiff prepared a performance letter stating that the defendant who was his/her spouse was paid KRW 3,300,000 monthly living expenses from the defendant around November 2014 to April 31, 2016, and that he/she was paid KRW 9,000,000 for the termination of variable insurance by December 31, 2014, and the plaintiff was mixed with the defendant on February 11, 2015.
On the other hand, the above performance angle includes the statement that "a director shall be removed from the earlier date (not later than November 30), and a child's right to care shall not be deducted from the mother until the mother is married (the marriage)." It is reasonable to view that the above performance angle was prepared for the purpose of prior agreement on the issue of living expenses, etc. after the divorce and the plaintiff and the defendant who had been at the time of divorce.
According to the above facts, pursuant to the above statement of performance, the defendant is obligated to pay the plaintiff a total of KRW 49,500,000 (=3,300,000 x 15) monthly living expenses of KRW 3,300,000 for 15 months from February 11, 2015, which was established a divorce, to April 201, 2016 on the above written statement of performance (=3,00,000 x 15), the cancellation fee of the above variable insurance, and delay damages on each of the above money.
The defendant asserts that 14 months from February 11, 2015 to April 2016 should be paid only 14 times since it is a calendar month. However, it is written in Eul evidence 3.