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(영문) 대구지방법원상주지원 2016.09.07 2016가단9178
위약금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from July 11, 2016 to the date of complete payment.

Reasons

In addition to the purport of the entire pleadings, evidence Nos. 1 and 2, the plaintiff and the defendant filed a lawsuit against the plaintiff on Nov. 3, 201, and they filed a divorce on Aug. 8, 2013. ② The defendant filed a lawsuit against the plaintiff on Jun. 11, 2014 under the Daegu Family Court Residential Support 2014da772, seeking compensation of consolation money of KRW 20 million on the ground of the plaintiff's fraudulent act during the marriage period. ③ The plaintiff and the defendant withdrawn the lawsuit on Jul. 10, 2014 on the condition that "the defendant shall receive KRW 6 million from the plaintiff, and thereafter they filed all claims (such as materials, division of property, etc.) related to the divorce on Aug. 8, 2013, and if they again file a lawsuit on the above promise, the defendant shall be paid consolation money of KRW 30 million from the Daegu Family Court to the plaintiff under the agreement on Feb. 5, 2015.

According to the above facts of recognition, the defendant's filing of a lawsuit with the above Daegu Family Court 2015ddan700 is against the above agreement. Thus, the defendant is obligated to pay to the plaintiff 30 million won and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 11, 2016 to the date of full payment, as stipulated in the above agreement.

In regard to this, the defendant alleged that the above agreement is null and void, or rather, that the plaintiff violated the agreement, but there is no evidence to acknowledge it.

The defendant's argument is without merit.

In addition, the background of the above agreement, the plaintiff and the defendant.

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