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Reasons
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(영문) 부산지방법원 2017.12.07 2015가단231210
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1. The Defendant’s KRW 69,818,172 as well as the Plaintiff’s KRW 5% per annum from August 22, 2017 to December 7, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant reported marriage on March 30, 1993. Around October 2013, the Plaintiff and the Defendant agreed to divide all property of both spouses at the time of divorce on the premise of future divorce.

(hereinafter “instant property division agreement”) B.

On May 6, 2015, the Plaintiff and the Defendant reported divorce.

C. The property of the Plaintiff and the Defendant as of May 6, 2015 is as follows.

1) Plaintiff’s refund money for cancellation of the Plaintiff’s property: Samsung Life Insurance KRW 22,05,897, ING Life Insurance KRW 7,297,230, and KRW 10,708,60,600 in future life insurance KRW 14,860,828: Defendant claimed that the deposit balance was KRW 29,559,429 as of December 24, 2013, and that the Plaintiff arbitrarily consumed the said money or donated the said money to his/her siblings. However, even if the Defendant’s assertion is true, division of property based on the balance of the deposit at the time of divorce is not accepted, the Defendant’s assertion that division of property should be made based on the agreement on division of property is not consistent with the purport of the agreement on division of property, and thus, the Plaintiff’s assertion that division of property should be based on the agreement on division of property at the time of the conclusion of argument (208,704,555,200,000,00 won).

Therefore, if the agreement is reached, the amount of KRW 80 million shall be KRW 135 million if the Defendant deducts the debt of the Defendant’s repayment at the price of KRW 215 million at the time of the divorce (the instant property division agreement stipulates that the above loan shall be borne by the Plaintiff and the Defendant, but the Defendant agreed that the above loan shall be borne by half, as the Defendant paid the full amount of the above loan, shall be based on the calculation method of the Defendant’s payment).

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