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(영문) 대전지방법원 2015.11.06 2014나106302
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiff and the defendant completed the marriage report on May 30, 1986 and had two children, such as D(G) and C(F) under the Ssleep. The plaintiff and the defendant filed a lawsuit of divorce, etc. (the Daejeon District Court 96D1043 (Mains), 97D1149 (Counterclaim)) in the litigation procedure, and divorced by judicial compromise on February 19, 197.

1. The person who exercises parental authority over the case principal D and takes care of the defendant, and the person who exercises parental authority over the case principal C and takes care of the plaintiff shall be respectively designated;

2. The defendant shall pay all school expenses to the plaintiff from the time the principal C enters a high school to the time of graduation from a university.

3. Both parties in the future shall waive all property claims related to the designation of the exerciseer of parental authority, such as child support, and the custodian, except the amount specified in paragraph (2).

4. Expenses for adjudication and conciliation shall be borne by each person;

B. At the time of divorce, the Plaintiff and the Defendant did not consult about the designation of the person exercising parental authority and the person fostering the said children, and after divorce, the Defendant brought up D and C. Since November 1998, the Plaintiff began to bring up C.

After that, the plaintiff filed a petition against the defendant for a trial against the defendant for the designation of the exerciseer and the custodyer of the parental authority over C and for the past and future child support (the Daejeon District Court 2003 Ma408). Accordingly, on the premise that the custody of C and D is joint responsibility, the defendant filed a petition for objection against the plaintiff for the payment of the remaining money (4,40,000 won) set-off by the defendant in the past child support for C and the future child support for D (the Daejeon District Court 2003Ra491). On February 2, 2004, the settlement was concluded with the following contents (hereinafter referred to as the "conciliation of this case").

C. Meanwhile, on October 29, 2003, the Defendant was registered as a soldier or policeman on duty on the same day before the settlement of this case was made (Grade VII), and on the same day C is a child of a person of distinguished service to the State, and the former person of distinguished service to the State.

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