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Reasons
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(영문) 서울고등법원 2020.10.16 2019나2058002
약정금
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1. The judgment of the court of first instance is modified as follows.

Defendant B’s KRW 42 million and KRW 32 million among the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 3, 2005, the pertinent Plaintiff reported the marriage with Defendant C on August 3, 2005 and gave birth to E around 2006, but the agreement was married on August 31, 2009.

Since then, Defendant C completed the marriage report with Defendant B around May 2012.

The plaintiff is working at the F G point as a Hdarner.

B. On May 25, 2009, the Plaintiff agreed between the Plaintiff and the Defendants to enter into an agreement on child support and change of the custodian (1) with Defendant C, and (1) on June 2, 2009, the Plaintiff paid KRW 50 million to the Plaintiff before June 2, 2009, subject to the condition that Defendant C grow E, and (2) from May 25, 2009 to December 25, 2010, the amount of KRW 1.5 million per month until the Plaintiff becomes an adult from January 25, 201 to January 25, 201, and (3) if Defendant C re-enters with Defendant C, the Plaintiff agreed to pay KRW 1.5 million per month to the Plaintiff for one year and six months as the child support of Defendant C, and to return KRW 1.5 million per month as the condition that the Plaintiff should return the child support from the date it becomes an adult.

(2) On June 2, 2009, Defendant C paid KRW 50 million according to the agreement on child support to the Plaintiff. From May 25, 2009 to November 25, 2010, Defendant C paid KRW 1.5 million monthly child support from May 25, 2009 to November 25, 2010. At the time of divorce, Defendant C was also drafted with the child support charge reflecting consultation.

3) The Plaintiff and Defendant C jointly determined a person with parental authority at the time of the divorce, and the custodian was the Plaintiff. However, as the Plaintiff was unable to rear E, Defendant C brought up for custody from January 3, 201, and the Plaintiff on the same day, and on the same day, the Plaintiff would return to Defendant C the above KRW 50 million according to the child support agreement until January 31, 201 (hereinafter “instant payment rejection”).

was drawn up.

After that, on September 5, 2012, the Cheongju District Court 2012J 484 was changed to the designation of a person with parental authority and a custodian, and on September 5, 2012, the person with parental authority and the custodian are the

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