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1. The defendant's application case for the confirmation of the intention of divorce between Changwon District Court 2013No. 1317 and the defendant's application for the confirmation of the intention of divorce against the plaintiff.
Reasons
1. Basic facts
A. On March 17, 2014, the Plaintiff and the Defendant agreed on the liability for child support (hereinafter “instant child support charge protocol”) to pay KRW 400,000 per month from the day following the date of filing a divorce with respect to the child of the aged (C) to the day before the child reaches the age of majority, and completed a divorce report at that time.
B. On August 21, 2014, the Defendant signed and sealed a document to waive the child support.
C. The Defendant, based on the original copy of the child support statement of this case from March 2014 to July 2018, 2018, took the child support of KRW 21,200,000 (40,000 x 53 months x 53 months) as the claim amount, and received a seizure and collection order of the Plaintiff’s wage claim against E as the Changwon District Court 2018TT7593.
[Grounds for recognition] The descriptions of Gap 1, 2, and 4 and the purport of the whole pleadings
2. Inasmuch as the Defendant alleged by the Plaintiff has extinguished the Defendant’s claim for the child support against the Plaintiff by abandoning the child support on August 21, 2014, compulsory execution based on the original copy of the instant child support charge protocol ought to be denied.
3. Among child support claims specifically confirmed by a judgment, etc. by a family court, it may be abandoned by the claimant's intent only for a child support claim after the child support has already reached the due date.
(See Supreme Court Decision 2006Meu751 Decided July 13, 2006). According to the above facts, among the Defendant’s child support claims against the Plaintiff, the Defendant’s child support claims against the Plaintiff, KRW 2,000,000 (=400,000 x 5 months (from March 2014 to July 2014) that became due as of August 21, 2014, became extinct due to waiver.
However, the child support claim of KRW 19,200,00 (i.e., the child support claim of KRW 21,200,000 from March 2014 to July 2018 (i.e., the child support of KRW 21,200,000) and the child support claim of KRW 400,000 per month from August 2018 to the date when the child C (D students) of the instant child support statement becomes adult.
Therefore, this case.