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(영문) 수원지방법원안양지원 2019.09.05 2018가단117713
약정금
Text

1. The Defendant’s KRW 80,000,000 as well as 5% per annum from October 26, 2018 to December 6, 2018 to the Plaintiff.

Reasons

Facts of recognition

On April 8, 1992, the Plaintiff reported the marriage with the Defendant and reported the divorce on September 3, 2018.

The husband A (referring to the Plaintiff; hereinafter referred to as the “Plaintiff”) and the denial B (referring to the “Defendant”; hereinafter referred to as the “Defendant”) agree to divorce and division of property on August 16, 2018, as follows:

1. The Plaintiff and the Defendant shall sell C apartment D units within 2018 as soon as possible for divorce and division of property, and distribute half of the sales amount in installments, respectively. The Plaintiff and the Defendant shall also deal with various expenses, such as taxes such as deposit money, loan, transfer tax, etc., fees for real estate intermediaries, tax accountants’ fees, and tax accountants’ expenses,

2. The Defendant shall offset the amount of KRW 80,000,000, which is half of the investment amount (160,000) of the E company located in Ansan-si, in which the Defendant himself is operating, against the payment at the time of installment payment of the purchase amount for the remaining C apartment, and pay

As above, the Plaintiff and the Defendant shared the agreement, and on August 16, 2018, concluded an “consultation mixing” (hereinafter “instant agreement”) with the following content.

On October 25, 2018, the Defendant sold C Apartment D (hereinafter “instant apartment”) which is an apartment under paragraph (1) of the instant agreement, and received the balance of the purchase price. The Plaintiff and the Defendant deducted the loan and the expenses, etc. from the sale price of the instant apartment, and received them in half as stated in paragraph (1) of the instant agreement, but the Defendant did not pay to the Plaintiff KRW 80 million as stated in paragraph (2) of the instant agreement.

On the other hand, on October 15, 2018, the Defendant filed a claim for division of property and consolation money against the Plaintiff on divorce, and continues to file a lawsuit with the Suwon Family Court's Ansan Branch 2018ddan103456.

[Reasons for Recognition] The defendant does not have dispute, Gap evidence Nos. 1 through 3, 7, Eul evidence Nos. 6 and 10, and the purport of the whole pleadings and the defense of this safety.

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