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1. The case where the Defendant filed an application for confirmation of divorce agreement with the original Chuncheon District Court 2011No. 516 against the Plaintiff on September 2011.
Reasons
1. Facts of recognition;
A. On May 2, 2005, the Plaintiff and the Defendant reported marriage on May 2, 2005, followed by the case of applying for confirmation of intention of divorce on September 19, 201 when they were married with their children C (D) under the sleep, and they were divorced on September 19, 201.
B. The record of the liability for child support in the case of applying for confirmation of intention of divorce (hereinafter “the record of liability for child support of this case”) states that “the Plaintiff shall pay 50 million won to the Defendant, upon filing a divorce report under this case with the Defendant, the amount of KRW 50 million as the child support for the minor children from the day following the date of filing the divorce report to the day of reaching the age of majority, to September 23, 201.”
C. On the other hand, on September 19, 201, the Plaintiff prepared a written agreement that “the Plaintiff shall pay 50 million won to the Defendant, not later than September 23, 201, the amount of child support and the amount of division of property. The Plaintiff and the Defendant shall not demand any other party than those prescribed above, and shall not file a civil or criminal objection” (hereinafter “instant agreement”), and remitted KRW 50 million to the account in the name of the Defendant on the same day.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of recognition, since the Plaintiff’s obligation to pay the child support to the Defendant under the instant child support charge protocol was extinguished by payment of September 19, 201, the enforcement based on the instant child support charge protocol should be dismissed.
As to this, the Defendant paid the “child support and the amount of KRW 50 million for adjustment of the division of property” under the instant agreement, and claimed that the said KRW 50 million among the above KRW 50 million is a child support and the remainder of KRW 30 million is a division of property. As such, the Plaintiff’s payment of KRW 50 million to the Defendant on September 19, 201 includes KRW 20 million, and it still remains 30 million among the child support obligations under the instant child support agreement.
However, as seen above, the Plaintiff.