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Reasons
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(영문) 서울남부지방법원 2019.06.28 2018나3620
약정금
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1. Revocation of a judgment of the first instance;

2. The defendant shall pay KRW 5,000,000 to the plaintiff.

3. All costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against the defendant as Seoul Southern District Court 2004 Ghana125281, and the above court rendered a judgment on September 21, 2004 that "the defendant shall calculate the amount of KRW 15,00,000 to the plaintiff at a rate of 20% per annum from July 2, 2004 to the date of full payment" and the above judgment was finalized on October 20, 204.

(hereinafter “instant judgment claim”). (b)

On March 25, 2005, the Plaintiff received a seizure and collection order with respect to the Defendant’s claim against the Defendant Company C as Seoul Southern District Court 2005TTT204, and reported the collection on August 10, 2005. ② On January 9, 2006, Seoul Southern District Court 2006TTT206TT58, issued a seizure and collection order with respect to the Defendant’s claim against DB, and ③ on November 29, 2007, the Seoul Southern District Court 2007TTT1935, issued a seizure and collection order with respect to the Defendant’s claim against the Defendant Company E, and ④ on July 24, 2010, the Industrial Bank of Korea cancelled the execution order with respect to the above Defendant’s claim against the Seoul Southern District Court 203TTTT1386, Nov. 11, 2008, and notified the collection order to the Seoul Southern District Court 2007TTA381.

The Plaintiff received reimbursement of KRW 7 million out of the judgment bond of this case through each of the above execution procedures.

C. On February 10, 2017, the conciliation was concluded between the Plaintiff and the Defendant on February 10, 2017, in the case of divorce, etc. brought by the Defendant against the Plaintiff as the Seoul Family Court 2016ddan34697.

The main contents of the instant conciliation protocol are as follows.

1. The plaintiff and the defendant are divorced.

5. The defendant shall divide the plaintiff into division of property on 5,000.

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