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(영문) 부산지방법원 서부지원 2018.02.22 2017가합102414
청구이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On April 14, 2015, the Plaintiff and the Defendant entered into a notarial deed (hereinafter “notarial deed of this case”) with an international law firm No. 147, No. 2015, as the Plaintiff and the Defendant were married couples and married, and entered into a notarial deed (hereinafter “notarial deed of this case”). The main contents of the notarial deed of this case are as follows.

Article 1 (Purpose) On April 14, 2015, the Plaintiff approved that the Defendant bears the obligation of KRW 1,253,00,000 on the basis of the amount of the payment agreed upon by the agreement on division of property according to the divorce agreement with the Defendant, and offered that the Defendant pay the obligation in accordance with the following provisions:

Article 2 (Period and Method of Payment) Each payment of KRW 7,00,000 shall be made every 179 times from May 2015 to March 2030 on the 10th day of each month.

Article 6 (Loss of Maturity) In a case where the plaintiff falls under any of the following subparagraphs, the defendant shall, as a matter of course, lose the benefit of time for the above obligation and immediately repay all of the remainder of the obligation, even if there is no notification or peremptory

1. When an application is filed for adjudication of bankruptcy, commencement of rehabilitation procedures or commencement of individual rehabilitation procedures with respect to the plaintiff;

2. When the plaintiff is subject to a disposition of suspension of transaction from his bank;

3. When the plaintiff delays the payment of the installment payments at least once, if the plaintiff falls under any of the following subparagraphs, the plaintiff shall, upon the defendant's request, lose the profits arising from the above debt obligations and shall immediately repay the remainder in full:

1. When the plaintiff has received a request for compulsory execution, provisional seizure, provisional disposition or auction from a third party;

2. When a debtor is subject to a disposition of seizure for tax in arrears; and

3. When the debtor violates the provisions of this contract, if the plaintiff and the joint and several sureties fail to perform the monetary obligation under this contract, the plaintiff and the joint and several sureties acknowledged that there is no objection even if they are immediately subject to compulsory execution.

B. The Plaintiff’s installment payment to the Defendant on August 2017, which was stipulated to be paid monthly in accordance with the instant notarial deed.

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