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(영문) 부산지방법원 2015.07.23 2015가합1607
추심금
Text

1. The Plaintiff, Defendant B, and Defendant C, KRW 79,800,000, and each of them shall be repaid from February 18, 2015.

Reasons

1. Basic facts

A. The plaintiff has been divorced by law with D, and the defendant B is the one who is the husband of the defendant B and the one who is the husband of the defendant C.

B. In a judicial divorce with D, the Plaintiff was sentenced on August 22, 2013 to the Busan Family Court case of divorce, etc. (hereinafter “related divorce, etc.”), “D shall pay to the Plaintiff KRW 50,000,000 as consolation money, KRW 55% per annum from June 20, 2012 to August 22, 2013, and KRW 20% per annum from the next day to the date of full payment.”

D filed a counterclaim while filing an appeal against this, and even the plaintiff filed an incidental appeal, but the Busan High Court dismissed all the incidental appeal, D's incidental appeal, D's appeal, and counterclaims (the divorce, etc., 2013Reu51 (the principal lawsuit), 2013Reu780 (Counterclaims, etc.)). D's appeal was dismissed by the Supreme Court (the principal lawsuit, 2014Meu4352 (the principal lawsuit, 2014Meu4352 (the principal lawsuit, and 2014Meu4369 (Counterclaims), etc.).

(hereinafter “final judgment of this case”). C.

1) On July 22, 2011, D remitted KRW 50,000,00 to Defendant B. D asserted that “The above KRW 50,000,000,000 paid to Defendant B upon request for insurance coverage from around November 2007 in the case of related divorce, etc., D arbitrarily used KRW 50,00,000 as the fund investment loan, and repaid it on July 22, 2011, but the final judgment of this case rejected the above claim and included KRW 50,00,000 as the subject of property division against Defendant B, and KRW 50,000,000 as the loan from the bank account of Korea Co., Ltd., Ltd., and KRW 79,80,000,000,000 as the loan and KRW 50,000,000 as the loan and KRW 80,000,000,00 as the loan and KRW 05,000.

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