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(영문) 광주지방법원순천지원 2020.11.04 2020가단70356
약정금
Text

1. As to the Plaintiff KRW 30,160,00 and KRW 28,840,00 among them, the Defendant shall pay to the Plaintiff KRW 1,320,000 from February 19, 2019.

Reasons

1. Facts of recognition;

A. On September 22, 2017, the Plaintiff filed a counterclaim against C on November 21, 2017, following the submission of a letter of delegation of a lawsuit on behalf of C to this Court E against the Defendant and D, and filed a counterclaim against C to “a divorce, etc.” on behalf of C, while proceeding with “the lawsuit of divorce, etc.” filed by C to this Court E.

(hereinafter “instant divorce suit”). B.

C On September 12, 2017, upon filing an application with the Defendant for a provisional injunction against access (this Court 2017 businesshap10003). On November 7, 2017, the Plaintiff submitted a letter of delegation of a lawsuit, and on November 9, 2017, the following adjustment was concluded with respect to the instant case of the provisional injunction application:

(hereinafter “instant provisional disposition lawsuit”). 1. Both parties do not have access to each other against the other’s will, and do not have access to the residence and workplace of the other party.

2. Both parties shall not interfere with the peace in life and duties of one another by forcing the other party to hold an interview, making a visit, e-mail, mobile phone text messages, etc.;

C. Around October 8, 2017, the Defendant entered into a contract with the Plaintiff, an attorney-at-law to delegate a lawsuit with the following content (al.e., exploitation of only the parts related to the issues of the instant case):

(hereinafter “instant delegation contract”). B C G G HHE

D. The instant divorce lawsuit was rendered on the six dates for pleading and one-time date for conciliation, and following a judgment, the main text of which is the following (hereinafter “instant judgment”) was rendered:

Under the following, the “Defendant (Counterclaim Plaintiff)” is the Defendant and the “Plaintiff (Counterclaim Defendant)” is CC). 1. The Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are divorced.

2. The Defendant (Counterclaim Plaintiff) pays to the Plaintiff (Counterclaim Defendant) 30 million won as consolation money, 5% per annum from September 22, 2017 to February 19, 2019, and 15% per annum from the next day to the day of full payment.

3. The plaintiff (Counterclaim defendant)'s remaining claims for consolation money, counterclaim divorce and consolation money against the defendant (Counterclaim plaintiff) are dismissed respectively.

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