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(영문) 서울중앙지방법원 2018.03.13 2017나51015

채무부존재확인

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The reasoning of the judgment of this court is that the part of the first instance court No. 3, No. 3, No. 14 of the case, "in the course of a divorce lawsuit," and that "the plaintiff asserts that the above dialogue was made on July 2004, the period during which the plaintiff claims for non-existence of the claim for child support (from July 2006 to June 201, 206) is not arrived. The child support claim is the right to which one of the married couple has against the other party, but it is recognized within the extent necessary for the child's welfare and welfare, and it shall not be arbitrarily transferred or disposed of except for the purpose of fostering the child. Thus, it is not permissible to waive the claim for child support whose due date has not arrived and exempt the obligation to pay consolation money, which is one of his own own unique debt, in principle, pursuant to the main sentence of Article 420 of the Civil Procedure Act."

Thus, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance is just based on the conclusion, and the plaintiff's appeal is dismissed as it is without merit.