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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. The basic facts of the claim ① The plaintiff and the defendant have been married on August 1, 1994 and divorced upon the completion of conciliation in the case of divorce, etc. around July 23, 2007, the Suwon District Court 2007Ddan4612, ② The plaintiff and the defendant have married in 1995, and the plaintiff and the defendant have decided that the defendant would rear C at the time of the above conciliation, and thereafter they have brought up C. ④ The defendant later, the defendant sent C to the plaintiff's office on February 2, 2012, ⑤ The defendant sent C as the plaintiff's office on this ground, and on this ground, started to dispute with the plaintiff, 6. The notarial deed (Evidence No. 4) was prepared on January 8, 2013 to resolve disputes, and the contents of the agreement between the plaintiff and the defendant as to the child support of the plaintiff and the defendant are either 1 to 300,000 won or less (the contents of the agreement between the plaintiff and the defendant as to 400, respectively.
2. Judgment on the plaintiff's claim
A. The Plaintiff seeking the payment of the agreed amount is seeking payment of KRW 30 million to the Defendant on the ground of the above notarial deed’s independent fund agreement. However, as seen earlier, the parties to the independent fund agreement are only the Plaintiff and the Defendant is not a party, not the Defendant. Thus, the Plaintiff’s claim for the payment of the agreed amount is without merit without further review.
[The same applies to the circumstances alleged by the Plaintiff (in particular, the fact that the Defendant was a party to an independent fund agreement with a certain amount of property) and the Defendant, even if so, may be regarded as a party to an independent fund agreement.
Even if the plaintiff is obligated to contribute 30 million won each to enable C to reside in the leased house, the plaintiff is directly obligated by the above agreement.