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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. After completing the report of marriage with the defendant on July 9, 1987, the plaintiff has three children, such as C, D, E, etc., and has been employed as a legal couple.
B. On May 17, 2007, the Defendant filed a lawsuit against the Plaintiff seeking divorce, etc. under the Sungnam Branch of the Suwon Family Court 2007 Down 4660, and was sentenced on April 23, 2009 to the effect that on April 23, 2009, the Defendant and the Plaintiff divorced from the above court, designate the Defendant as the person with parental authority and the custodian of the children, and the Plaintiff paid consolation money, money in division of property, and child support respectively to the Defendant.
(c)
On October 28, 2009, the judgment of the court of first instance rendered on October 28, 2009 that the Plaintiff paid KRW 553,00,000 and delayed damages to the Defendant, which became final and conclusive on November 25, 2009 (hereinafter “former divorce lawsuit”).
On November 18, 2009, immediately before the above judgment became final and conclusive, the Plaintiff paid KRW 100 million to the Defendant.
E. On December 2009, after the judgment of the previous divorce lawsuit became final and conclusive, the Plaintiff and the Defendant drafted a written agreement with the following contents (hereinafter “instant agreement”).
1. The Plaintiff shall pay the Defendant a sum of KRW 430 million on December 3, 2009, in accordance with the judgment of the Suwon Family Court case No. 2009Reu 872.
2. From January 1, 2010 to February 28, 2010, the Defendant, by December 31, 2009, resides in F apartment G units in Seongbuk-gu, Sungnam-gu (hereinafter “instant apartment units”), which is the present residence of the Plaintiff, without compensation, and can reside in the rent of KRW 1 million per month from January 1, 201 to February 28, 2010.
3. On February 28, 2010, the Defendant shall leave the present place of residence at the same time with the payment of KRW 32 million from the Plaintiff. If the Defendant does not withdraw even if he received the above money from the Plaintiff on the above date, he shall bear the interest of KRW 7.5 million per month on the bonds to be borne by the Plaintiff.