(영문) 서울남부지방법원 2019.01.11 2018가단203511

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(영문) 서울남부지방법원 2019.01.11 2018가단203511

기타(금전)

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1. The defendant shall pay 170,000,000 won to the plaintiff and 15% per annum from February 6, 2018 to the day of full payment.

Reasons

1. Basic facts

1. The Defendant shall pay 250,000,000 won as consolation money for divorce to the Plaintiff (Plaintiff)

The payment method of KRW 50,000,000 shall be paid in cash immediately, and the remaining KRW 200,000,000 shall be paid in installments from September 20, 2016 to March 20, 202.

2. The repayment of 112,460,00 won and 240,990,000 won and 24,000 won and 24,00,000 won and 377,450,000 won and 377,450,000 won and responsibilities for such debt shall be borne by A.

3. B shall transfer the name of C to A within 15 days from the time of receiving the cash of KRW 50,000,000, and shall transfer all the shares of C to the Bank of Bankruptcy.

4. A shall succeed to all obligations, such as taxes, pensions, accounts receivable, etc. arising in C and D, until now, when transferred from B. A.

On August 11, 2016, the Defendant agreed to transfer the Plaintiff’s place of business in the name of the Plaintiff to the Defendant and pay the Plaintiff KRW 250,000,000 (hereinafter “instant agreement”) upon divorce with the Plaintiff (hereinafter “instant agreement”), and the main contents thereof are as follows.

B. In accordance with the instant agreement, the Plaintiff transferred the place of business under the name of the Plaintiff to the Defendant, and the Defendant paid consolation money of KRW 50,000,000,000, around August 10, 2016.

However, the Defendant paid only KRW 30,000,000 per month from September 2016 to June 2017, among the remainder of KRW 200,000,000, which the Defendant agreed to pay in accordance with the instant agreement.

[Recognition] Facts without dispute, Gap evidence Nos. 1 through 10, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, barring any special circumstance, the defendant shall pay consolation money of KRW 250,000,000,000, which is to be paid by the defendant pursuant to the agreement of this case, and the remaining KRW 170,000,000, which is to be paid by the defendant (=250,000,000 - 80,000,000) and each of the payment dates stipulated by the agreement of this case.

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