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(영문) 서울동부지방법원 2016.05.26 2015가합105412
주차대행영업권확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant’s wife D filed a lawsuit claiming divorce, division of property, child support, etc. against the Defendant (Seoul Family Court 2013Ddan77655), but on December 11, 2013, the conciliation of divorce, division of property, child support, visitation right, etc. with the Defendant was established. Of which, the content of the Defendant’s business right of parking agency (hereinafter “instant business right”), is as follows:

(hereinafter “instant adjustment clause”). The Defendant shall remit the child support to D’s account; the Defendant shall pay the child support to KRW 1.4 million until December 31, 2013; KRW 2 million as of the end of each month from January 1, 2013 to December 31, 2018; and KRW 600,000 per person from the next day to December 31, 2018 until the principal of the case becomes an adult.

In a case where there is no reason attributable to the defendant (e.g., in the case of long-term hospitalization in a hospital) or there is no interference with the business of D, the defendant shall gratuitously transfer the business right of this case to D in a case where the above child support has not been remitted three times or more.

B. Since then, the Defendant: D’s KRW 14 million on January 8, 2014; and March 21, 2014; and

4. Each of the 28.2 million won, June 2, 2014, June 16, 2014, June 16, 2014, July 14, 2014, and August 27, 2014, remitted a child support amount of one million won, respectively, from around September 2014.

C. On November 6, 2014, the Defendant was prosecuted for committing a crime that “In the course of assaulting and injuring D during the instant business issues with D and D around December 2013,” and was detained on the day when he/she was sentenced to six months of imprisonment (Seoul Central District Court 2014 Godan1511).

D) On the same day, the Plaintiff, who had been employed by the Defendant and had been engaged in the instant business, visited the instant parking management unit that the Defendant had been employed by the Defendant and explained that the instant parking management unit was transferred to D and explained that the instant business right was transferred to D, and visited the neighboring building business units using the instant parking agency service.

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