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(영문) 서울중앙지방법원 2017.05.11 2016가단5244678
기타(금전)
Text

1. The Defendant shall pay KRW 24,35,00 to the Plaintiff the annual rate of KRW 15% from September 24, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s person with parental authority C and the Defendant are married on July 17, 2010, and the same year.

8. 20. The plaintiff (D) was born under the sleep as a legally married couple who completed the marriage report.

B. On January 19, 2012, the Plaintiff’s early payment of KRW 15 million (hereinafter “instant foreign exchange bank account”) in the Plaintiff’s name at the foreign exchange bank (F; hereinafter “instant foreign exchange bank account”) and transferred the passbook to the Defendant on March 5, 2012. On March 5, 2012, the Defendant opened the Plaintiff’s account in the name of the Plaintiff (G; hereinafter “instant new bank account”); and deposited KRW 200,00 in the sum of KRW 9,35,00 (hereinafter “each of the instant accounts”) by February 25, 2015, including deposit of KRW 15 million with the instant bank account.

C. On February 21, 2012, the Defendant withdrawn the instant KRW 15 million from the instant foreign exchange bank account with a cashier’s checks, and deposited it into the Defendant’s new bank account (H) with a new bank account under the name of the Defendant, but again, deposited it into the insurance premium of the non-dividend smart63 insurance contract concluded in the name of the Defendant on the life of Korea.

After that, on August 21, 2015, prior to filing a lawsuit for divorce, etc. against C, the Defendant withdrawn the amount equivalent to the insurance premium by cancelling the said insurance contract. On August 10, 2015, the Defendant withdrawn KRW 9,335,000 from the instant new bank account.

On July 22, 2016, in the case of a divorce, etc. between the defendant and C, the Suwon District Court Branch 2015ddan203783 (principal lawsuit), and a divorce, etc. (Counterclaim) between the defendant and C, the summary of “A is divorced by the defendant and C, designate C as a person with parental authority and a guardian of the plaintiff, and C pays 150 million won to the defendant as a result of division of property, and C pays 100 million won to the defendant as a result of division of property, and the positive and negative property in each other’s name shall be reverted to each other in a conclusive manner under their respective names.”

[Grounds for recognition] Gap 1, 2, Eul 1, 5 each.

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