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(영문) 인천지방법원부천지원 2017.09.22 2016가합103681
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 21, 2007, the Plaintiff and the Defendant agreed to teach the dental college for several years, and completed the marriage report on March 21, 2007.

B. At the time of marriage, the Plaintiff operated a dental clinic with the trade name “Cental” in Gangseo-gu Seoul Metropolitan Government. However, the Plaintiff filed an application for individual rehabilitation on April 16, 2009 for excessive debts, including loans, and was determined to grant immunity on July 8, 2014.

(Seoul Rehabilitation Court 2009da27028). The defendant used the defendant's salary pay for a long time after marriage, the amount of money borrowed under the defendant's name to pay for the plaintiff's loan, etc.

C. From June 2014 to February 2015, the Defendant was staying in the UK due to the Plaintiff’s investment in the Plaintiff’s dental hospital, etc., and the Plaintiff committed unlawful acts, such as expulsion with D and living together from October 2014 to February 2015.

The defendant returned to Korea on February 2015 and came to know of the above fraudulent act, and the plaintiff and the defendant are in separate lives from March 2015.

On March 17, 2015, the Plaintiff drafted to the Defendant an agreement with the following contents (hereinafter referred to as “instant agreement”).

In the case of divorce by agreement with the wife (Defendant) due to the external knowledge (living together for five months) of the agreement of this case (Evidence A No. 1), the following agreements are made regarding consolation money, division of property, repayment of loans and settlement of accounts.

1. Payment of KRW 90 million to the Defendant by May 12, 2015.

2. C Dentals shall be sold to the Defendant by no later than May 12, 2015, and the remainder of 50 million won shall be paid to the Defendant by no later than August 12, 2015, excluding KRW 30 million, out of the proceeds of sale.

However, even if dental services are not sold, it refers to the above-paid date and amount of payment.

3. Sale of motor vehicles (E) and payment to the Defendant of the entire proceeds of sale until May 12, 2015.

4. A loan - A loan of KRW 300 million on a corporate bank-based financial network loan of KRW 300 million through (1)-(4).

(1) In the event that the Plaintiff borrowed KRW 400 million out of its opening capital, one hundred million out of the loans will first be paid.

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