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(영문) 부산지방법원 2017.09.20 2016가합40043
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 5,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from July 20, 2016 to September 20, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The agreement between the Plaintiff and the Defendant was in a de facto marital relationship from March 2009, but around October 21, 2014, the following agreements were made and notarized:

(hereinafter “instant agreement”). A (Plaintiff) A (Defendant) B (Defendant) A of the written agreement

1. A and B shall adjust de facto marital relations and waive both the rights and obligations of both spouses in the future;

2. B provides, by March 31, 2015, an amount equivalent to 200 million won for purchasing apartment buildings located in Busan as a division of property, and if the amount exceeds 200 million won, the remaining purchase amount shall be the loan, but the loan and interest shall be repaid.

(105 square meters) The apartment ownership is recognized to Gap by providing a purchase price.

3. He shall be aware that the principal of the case is his father and shall perform his duties as his father.

4. From October 1, 2014 to the time when the principal of the case becomes an adult, Eul shall pay Gap the child support amounting to KRW 3,00,000 each month from October 1, 201 to the time when the principal of the case becomes an adult.

5. Gap and Eul, based on a legal relationship derived from the king's marital relationship in addition to the content of the above agreement, shall not be mutually entitled to any additional claims for future civil, criminal, or household affairs.

Provided, That the legal issues arising from relations other than Gap and Eul and the legal issues arising from the failure of Gap and Eul to observe the above agreements shall be set aside separately.

The Plaintiff and the Defendant’s acquisition of real estate and the Defendant’s establishment of a right to collateral security (hereinafter “instant real estate”) on June 1, 2015, shall purchase real estate listed in the separate sheet (hereinafter “instant real estate”) and complete the registration of ownership transfer by the Plaintiff and the Defendant’s respective shares on June 30, 2015, based on the sales contract as of June 1, 2015.

With respect to the instant real estate, Busan Bank (hereinafter “ Busan Bank”) is limited to KRW 226,80,000 with a maximum debt amount around June 30, 2015, and the debtor, the defendant, and the mortgagee of Busan Bank.

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