약정금
1. The defendant shall be the plaintiff.
(a) KRW 16,400,000 as well as 5% per annum from May 8, 2017 to June 1, 2017;
On October 10, 2015, the Defendant agreed to pay the Plaintiff KRW 2 million on the 10th day of each month from December 10, 2015 to October 10, 2017 under the pretext of consolation money, child support, and division of property following divorce does not conflict between the parties, and the Plaintiff was paid KRW 9.6 million out of the above agreed amount from December 14, 2015 to April 11, 2017.
According to the above facts, the Defendant is obligated to pay the Plaintiff KRW 16.4 million remaining after deducting the amount of KRW 9.6 million actually paid from the agreed amount of KRW 26 million from December 10, 2015 to December 10, 2016, and for this, KRW 5% per annum prescribed by the Civil Act from May 8, 2017 to June 1, 2017, the day following the delivery date of a duplicate of the complaint in this case, and KRW 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment, and KRW 2,600,000 per month from January 10 to October 10, 2017, respectively.
(1) The Plaintiff’s claim for payment of KRW 2,00,000 as of June 10, 2017 to October 10, 2017 is sought for the future performance of the claim for which the maturity date has not yet arrived at the time of the closing of the instant argument. As such, it is necessary to file a claim in advance because there exists any reason that it is difficult for the Defendant to expect voluntary performance because the Defendant delayed the performance of the above agreed amount for a considerable period of time, etc. Therefore, the Plaintiff’s claim is justified within the scope of the above recognition, and the remainder is dismissed