logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2016.07.15 2015가단93163
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from December 25, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant: (a) around October 199; (b) around October 7, 201, filed a marriage report; (c) around June 22, 2015, agreed to divorce; and (d) drafted a written agreement as follows.

1. The plaintiff and the defendant are divorced.

2. The defendant shall pay 100,000,000 won to the plaintiff as division of property and consolation money.

The payment method shall be 50,000,000 won out of 100,000,000 won on June 22, 2015.

The remaining 50,000,000 won shall be paid within one week after the divorce relationship has been arranged, that is, after the divorce confirmation has been obtained.

3. As of the date of preparation of a written agreement, real estate, various deposit claims, various installments, various insurance, other property relations, etc. shall be confirmed as owned by each holder of a title deed, and obligations to be borne in each holder's name shall be determined as obligations;

4. The “A” and “B” shall not claim any monetary claim under any pretext, other than the above money, such as division of property and consolation money, in connection with future divorce.

-beauta-

B. On June 22, 2015, the date of the preparation of the instant agreement, the Defendant paid KRW 50,000 to the Plaintiff, and received documents regarding divorce from the court on the same day.

C. The Plaintiff and the Defendant reported divorce around October 12, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff asserts that the defendant agreed to pay 50,000,000 won within one week after the divorce relationship was arranged through the agreement of this case. The plaintiff asserts that 50,000,000 won and damages for delay shall be claimed.

As to this, the defendant asserts that the agreement of this case was made out by intimidation, threat, etc. on the part of the plaintiff.

Even though it is not so, the agreement in this case argues that it is not permissible since it constitutes a waiver of the right to claim division of property.

3. Determination

A. Recognizing the nature of the agreement under the agreement, as recognized earlier.

arrow