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(영문) 서울중앙지방법원 2018.12.06 2018가단40851
추심금
Text

1. The Plaintiff, Defendant New Card Co., Ltd., KRW 605,00 for Defendant New Card Co., Ltd., and KRW 43,200,00 for Defendant Non-CC Card Co., Ltd., and Defendant.

Reasons

1. Facts of recognition;

A. On December 4, 2015, when the Plaintiff and B were married, they filed a claim suit against the Plaintiff, such as divorce and solatium, and the Plaintiff filed a counterclaim against B, and the appellate court judgment (Seoul High Court 2015Reu120 (the principal lawsuit), 2015 Reu137 (Counterclaim) was pending, conciliation including the following was concluded.

1. B and the Plaintiff are divorced.

2. Property division:

A. B shall be paid KRW 525 million to the Plaintiff, and KRW 300 million among which shall be paid up to March 4, 2016, and KRW 225 million shall be paid up to April 1, 2016, and the remainder of KRW 200 million shall be lost the benefit of the time, and shall be paid by adding the interest rate of KRW 10% per annum to the total unpaid amount, until January 29, 2016. (2) By January 29, 2016, Seongdong-gu Seoul apartment Co. 101 Dongdong-gu Seoul Metropolitan Government 1006, KRW 1/2 of the share of KRW 1/2 on the grounds of property division date, and the said real property shall be transferred.

B In the event that this is run, damages shall be paid to the Plaintiff at the rate of KRW 1,00,000 per month from the date of completing the registration of ownership transfer and delivery.

B. The Plaintiff transferred the Plaintiff’s share 20% to B until December 11, 2015, and 1) D key points to D key points. (ii) The Plaintiff transferred KRW 200 million to the lessor, and notified the lessor that the said claim was transferred to the lessor on the date of adjustment, and that the Plaintiff performed the procedure of change of the lessee’s name from the Plaintiff to B.

B. The Plaintiff filed an application against B for performance order, and on May 30, 2017, the court (Seoul Family Court Decision 2016 businessz30479) decided that B shall pay the Plaintiff KRW 220,000,000, which was not paid to the Plaintiff as a result of the performance of the obligation under the above protocol, until October 31, 2017.

C. The Plaintiff’s claim claim amounting to KRW 220,00,000 and KRW 40,383,561 per annum from March 5, 2016 to January 3, 2018. The Plaintiff’s claim amounting to KRW 260,383,561, the sum of KRW 260,383,561 per annum under the above conciliation protocol, thereby making the debtor B and the third debtor as the Defendants.

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