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(영문) 창원지방법원마산지원 2017.12.06 2017가단104937
약정금
Text

1. The part concerning the claim for child support among the instant lawsuit is dismissed.

2. The Defendant’s KRW 120,000 and its interest on August 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant were legally married couple who completed the marriage report, and they were Nonparty C and D under the chain, and co-owners who own 1/2 of each of the real estate listed in the separate sheet.

B. On April 1, 2014, the conciliation was concluded between the Plaintiff and the Defendant, E, and F, who participated as the Intervenor in the case of Changwon District Court Msan Branch Branch 2013Kadan15039, which was brought by the Defendant against Nonparty E and F (hereinafter “instant conciliation”).

1. The defendant and the plaintiff shall sell each real estate listed in the separate sheet, and actively cooperate therewith.

2. When selling each real estate listed in the separate sheet, the Defendant shall pay the Plaintiff KRW 65 million on the remainder date of the sales contract.

However, where the remainder of the sales contract for each real estate listed in the separate sheet is different, the defendant shall pay the plaintiff 1/2 of the sales price under the sales contract on the date of the balance that arrives first, and shall pay the remainder after deducting the above amount from the balance amount of 65 million won on the date of the balance that arrives later.

The defendant shall, if he/she delays the above payment date at one time, lose the benefit of the deadline, and immediately pay 20% interest per annum from the following day after the full amount of the unpaid amount and the overdue interest of the deadline to the date of full payment.

3. The Defendant shall pay the Plaintiff the total child support from January 201, 201 of C(G) and D(H) to the month immediately preceding the month to which the payment date belongs, in lump sum, until the remainder of the sales contract for the real estate stated in attached Table No. 2. If the said money is not paid by the payment date, the Defendant shall pay the amount unpaid to the Plaintiff plus 20 percent (20%) per annum from the day following the payment date to the day of full payment.

4. The defendant shall pay 250,000 won per capita to the plaintiff from the month to which the payment date of the remainder belongs to C/D's child support until C/D becomes an adult.

5. The defendant shall every month until C or D becomes an adult.

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