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(영문) 서울중앙지방법원 2019.08.14 2019나5610 (1)
청구이의의 소 등
Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant married on September 20, 2013. From around December 2014, the Plaintiff and the Defendant filed a lawsuit claiming divorce and consolation money (Seoul Family Court No. 2015ddan321769 (principal lawsuit), 326030 (Counterclaim), and hereinafter “previous lawsuit”).

B. Meanwhile, although the Defendant intended to purchase the instant vehicle (attached Form) during the marriage period, it was difficult to purchase the instant vehicle in the name of the Defendant, who is a permanent resident of the United States.

Accordingly, on August 28, 2014, the Plaintiff entered into an installment financing agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) under the Plaintiff’s name. The content thereof is that the Nonindicted Company lends KRW 65,456,720 out of the purchase price of the instant vehicle to the Plaintiff, and the Plaintiff pays KRW 1,35,590 on September 25, 2014 to August 2019 (However, the first installment was KRW 1,29,760 on September 20, 2014; KRW 1,335,625 on August 2019).

On September 4, 2014, the Plaintiff completed the registration of ownership in the name of the Plaintiff on the instant motor vehicle, and created a mortgage on the instant motor vehicle in order to secure the obligation for the aforementioned installment.

C. The Defendant paid down payment (Advance) 31,443,280 won under the instant installment financing agreement and installment payments for the first five months (from September 2014 to January 2015). However, the Defendant left the instant automobile as his/her relative from December 2014 to December 2015, and suspended payment after February 2015.

Accordingly, the Plaintiff paid the installment from February 2015 to February 23, 2016, which is likely to have a disadvantage on credit, and the installment (6-21 installments) paid until June 23, 2016, which is the date of the closing of the previous litigation, is the total amount of 21,369,856 won (including delay interest and 416 won).

On July 21, 2016, the judgment of the previous suit was rendered, and the above judgment became final and conclusive on August 13, 2016.

1. The defendant and the plaintiff are divorced by the principal lawsuit.

2. The Plaintiff’s compensation amounting to KRW 20,00,000 as consolation money and its related amount from March 19, 2015 to July 2016.

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