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(영문) 수원지방법원 2020.08.19 2019나85249
손해배상(기)
Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. Facts of recognition;

A. Although the Plaintiff and the Defendant were legally married married couple on January 23, 2013, the Plaintiff and the Defendant filed a principal lawsuit and counterclaim (hereinafter “instant divorce lawsuit”) claiming a divorce by each of the parties (hereinafter “instant divorce lawsuit”). [In the instant case, the Defendant rendered a judgment regarding division of property as follows: (a) Ansan District Court Branch Decision 2016Ddan32842 (principal lawsuit), and 2016ddan32958 (Counterclaim) Decided February 10, 2017, the said court rendered a decision regarding division of property:

The Defendant is divided into property division for the Plaintiff

A. He/she notifies E that he/she transferred the instant lease deposit claim on attached Form 1 (hereinafter referred to as “instant lease deposit claim”) related to the C Apartment D (hereinafter referred to as the “instant apartment”) and transferred the said claim to E;

(b) to pay 10,00,000 won and 5% interest per annum from the day following the day this judgment becomes final and conclusive to the day of full payment.

B. On February 9, 2018, the Plaintiff filed an application for provisional seizure of claims with the Suwon District Court 2018 businesshap3 regarding the claim for the lease deposit of this case, and the said court rendered a decision of provisional seizure of claims (hereinafter “decision of provisional seizure of this case”) on February 9, 2018.

C. On February 24, 2018, the Plaintiff and the Defendant agreed to the following (hereinafter “instant agreement”).

2. Of the lease deposit claims of this case, KRW 385 million, which is the subject of the decision of provisional seizure of this case, shall be either directly or partially remitted to the lessor who entered into a new lease contract by the Defendant (the Defendant clearly stated the Defendant) on April 5, 2018.

3. The Plaintiff terminated the application for provisional seizure of this case on February 26, 2018.

4. Paragraph 2 is valid after the plaintiff's decision on termination of provisional seizure is served, and in this case, E will make advance payment or remittance of KRW 38.5 million (10% of the lease deposit) to the lessor for the payment of the lease contract deposit by the defendant.

5. The Plaintiff and the Defendant shall return and order the contract and issue receipts to E on April 5, 2018.

6. When the above matters are not performed, the plaintiff and the defendant are legally liable to E.

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