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(영문) 대전지방법원 2017.06.22 2016가단10114
약정금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 43,00,000 and Defendant B with respect thereto from April 9, 2016, and Defendant C with respect to the said amount.

Reasons

Facts of recognition

A. The Plaintiff was a legal spouse of D. The Daejeon Family Court filed a claim for divorce, etc. against D as the Daejeon Family Court No. 2014dan51202.

On October 23, 2014, the above court rendered a decision in lieu of conciliation, including that “Plaintiff and D shall be divorced. D shall pay the Plaintiff KRW 88 million as division of property by April 22, 2015,” and the above decision became final and conclusive around that time.

B. The Plaintiff, as the Daejeon Family Court No. 2014 business group107, issued a provisional attachment (hereinafter “instant provisional attachment”) on the land and its ground (hereinafter “instant real estate”) located in E-dong, E-dong (hereinafter “instant real estate”) immediately before filing the said divorce lawsuit.

C. Meanwhile, around 10 persons, including D and Defendants, were jointly promoting a new house construction project (hereinafter “instant project”) in E-dong from May 2013 at the latest, from around May 2013.

Defendant B performed the representative of the instant project, and Defendant C took charge of specific affairs concerning the instant project.

On November 25, 2015, the following content was written in the name of the F (IC) who represented the Plaintiff and the Defendants’ statement of performance (hereinafter “instant statement of performance”).

1. “B” (referring to the Defendant; hereinafter the same shall apply) means that “A” (referring to the Plaintiff; hereinafter the same shall apply) pays KRW 88 million to “B” on the settlement date (the date of loan execution of financial institutions and the balance date of buyer and buyer) according to H construction of 14 parcels outside G in light of light

(B) The provisional attachment of this case is to be cancelled by simultaneous implementation with a performance letter. (3) The provisional attachment of this case is to be cancelled. (4) The provisional attachment of this case is to be cancelled.

3. B shall pay by December 31, 2015 the amount of this case on behalf of all the co-owners, in accordance with the principle of good faith.

E. The instant project was now completed.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, 3 of Evidence 1, 2, and 3, and Eul evidence 3-1, 2, and 8, respectively: Provided, That Gap.

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