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(영문) 수원지방법원 2016.09.06 2016가단13273
대여금
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. In the principal lawsuit of a divorce case filed by C against the Plaintiff, the Plaintiff filed a claim of KRW 156,50,000 with the Suwon District Court (Seoul District Court 2014ddan506291) for divorce and solatium 20,00,000 as a counterclaim, and for division of property, KRW 156,50,000 as a counterclaim, on January 26, 2016, while the remainder of the counterclaim is around 11:00.

Mediation was established as described in subsection (1).

B. The Plaintiff and C are divorced.

② A shall be paid KRW 50,000,000 to the Plaintiff as division of property until March 31, 2016, and where the payment is delayed, C shall pay damages for delay at the rate of 15% per annum from the day after the date of the above payment to the day of full payment.

③ At the same time, the Plaintiff received the money set forth in the foregoing paragraph from C, and simultaneously cancelled the execution of any preservative measure relating to the instant divorce, including the instant Court Nos. 2015 business group201, 2015 business group5 business group5034, 2015 business group5 group5183, and 2015 group5 business group5136, and withdraws the application.

C shall withdraw a request for provisional attachment No. 2014 business group30 of this Court and shall cancel its enforcement.

④ The Plaintiff and C need not file a civil or criminal lawsuit against each other and his/her families in the future regarding the divorce of the instant case.

5. In addition to those stipulated above, active and small property currently held by the Plaintiff and C shall be determined to be reverted to the present name.

Except as provided in the above, the Plaintiff and C do not have any monetary claim, such as solatium and division of property, in relation to the divorce of this case.

6. Waiver of the remaining claims of the plaintiff

(7) Litigation costs and conciliation costs shall be borne by each person.

Grounds for Recognition: Facts without dispute, entry of evidence No. 3, the whole purport of the pleading

2. On September 22, 2014, the Plaintiff’s cause of the Plaintiff’s claim: (a) while proceeding a divorce lawsuit with the Defendant’s mother and former wife C on September 22, 2014; (b) C, without the consent of the Plaintiff, via a passbook in the name of the Defendant’s bank; and (c) 8.

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