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1. The Defendants jointly share KRW 128,617,869 with respect to the Plaintiff and 5% per annum from April 5, 2017 to April 25, 2019.
Reasons
1. The facts acknowledged are: (a) on May 10, 2016, Defendant B filed a lawsuit seeking divorce, division of property, etc. with the Plaintiff; and (b) on August 8, 2016, both the Plaintiff and Defendant B appeared in the conciliation process and the conciliation of divorce, division of property, etc. (hereinafter “instant conciliation”).
The contents of the instant conciliation are divorced by the Plaintiff and Defendant B, and Defendant B shall pay KRW 130 million to the Plaintiff as a result of the division of property. However, until September 30, 2016, the Plaintiff shall be paid KRW 100 million to the Plaintiff, and the Plaintiff shall be paid KRW 15 million each by December 31, 2017.
In addition, if Defendant B did not pay even one of the above periods, the amount calculated by adding 15% interest per annum to the Plaintiff from the day following the due date of payment to the day of full payment.
At the time of the instant conciliation, the instant land was jointly owned by the Plaintiff and Defendant B, and the instant building was under the name of Defendant B, but the instant land and the instant building were jointly owned by the Plaintiff, but the instant land and the instant building were set up as joint collateral E Co., Ltd. (hereinafter “bank”) and the Plaintiff as the Plaintiff.
However, Defendant B, who is a security, refused the due date for debt extension to the bank, and the bank received a voluntary decision to commence the auction on the instant land and buildings on July 25, 2016.
Therefore, at the time of the instant conciliation, Defendant B actively cooperates in the extension procedure of the due date with respect to the right to collateral security established on the instant land and building, and agreed to accept the secured obligation from the Plaintiff as a discharge, thereby included in the protocol of conciliation.
However, there is a problem.