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1. The Defendants are 5% per annum from August 3, 2019 to July 20, 2020 with respect to each of the said KRW 5,882,500 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s female E married with D on September 18, 2008, and gave birth to the Defendants in 2010.
B. On April 10, 2017, Plaintiff, E, and D drafted the following agreements (hereinafter “instant agreement”).
1. E and D will make a judicial divorce;
2. To implement the above paragraph 1, E shall file a lawsuit against D for divorce, etc. and submit to the court the written agreement between E and D on April 2017 when the complaint is served to D.
3. E and F (E mother), Plaintiff (E), G (E) and H (E) shall withdraw all criminal complaints against D by the day following the day on which D pays 40,000,000 won to E as division of property and shall submit to the relevant investigation agency a written application for failure to pay disposition.
4. All of the medical expenses, nursing expenses, etc. incurred by hospitalization until now and other medical expenses that may be incurred in the future shall be borne by E and A, and shall not be claimed by D;
5. Where inheritance commences due to the death of E, D shall not exercise any right in respect of the inherited property of B and C.
6. If a person fails to comply with the above agreement and the agreement signed and sealed on April 2017, and fails to comply with the provisions of the agreement, 100,000,000 won shall be paid to a person who complies with the agreement.
C. E divorced from D on June 12, 2017, and D raises the Defendants.
E died on February 26, 2019, and the Defendants succeeded to this.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, 5, and 6, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that, on June 29, 2017, the Plaintiff paid KRW 111 million to E divorced, thereby purchasing a house ( Jeju I, J, hereinafter “instant house”) and enabling E to live.
E died after being treated at a hospital due to alcohol livers, etc.
The plaintiff shall, with the delegation from E, handle E's entrance and discharge, pay for medical expenses and medicine expenses, select nursing workers, and pay nursing fees on behalf of them.