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(영문) 서울중앙지방법원 2019.04.19 2017가단5075855
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 67,846,970 and the interest rate of KRW 15% per annum from April 23, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, and D are children of the deceased E (hereinafter “the deceased”) and the Intervenor’s Intervenor’s legal children as South Korea.

B. On December 10, 2014, the Plaintiff, the Defendant, the Intervenor joining the Defendant, and the Defendant D (hereinafter collectively referred to as the “Defendant, etc.”) entered into an inherited property division agreement with the following content (hereinafter referred to as the “instant agreement”).

According to the agreement of November 16, 2014, the plaintiff, defendant, etc. among co-inheritors and the defendant agree as follows:

1. The defendant et al. agree to ensure that the property listed in the attached Table 1 is all the property of the inheritee and be divided as shown in the attached Table 2.

2. All the property of an inheritee and property donated or deemed donated under tax law (excluding where it is clearly proven by financial data that the Defendant, etc. is his/her property), which is not indicated in the annexed list No. 1, shall belong to all the Plaintiff, regardless of its reasons;

3. 35,582,356 won reported on April 30, 2014, shall be borne individually by each person according to the statutory share of inheritance.

4. Where inheritance tax, gift tax, etc. is subsequently imposed, all taxes, including inheritance tax, gift tax, additional dues, etc., shall be jointly and severally borne by the defendant, etc.;

5. All taxes, etc. including gift tax, inheritance tax, additional dues, etc., on the property under paragraph (2) above shall be jointly and severally borne by the defendant.

6. The defendant, etc. shall immediately perform the procedure for the creation of a security right of KRW 500,000,000 with the maximum debt amount (such as the creation of a mortgage on real estate, the assignment of claims, claims, and the creation of a pledge right on deposit, etc.) on the real estate, bonds, deposits, etc. owned by the plaintiff as the right holder in order

7. The plaintiff becomes final and conclusive that the defendant et al. has fulfilled all obligations under this Agreement or has not incurred such obligations.

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