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(영문) 서울북부지방법원 2020.07.09 2020가단106029
청구이의
Text

1. The defendant's statement of the child support burden in the case of applying for confirmation of intention of divorce between agreement and agreement 2011No. 2940 against the plaintiff of this court.

Reasons

1. Basic facts

A. On July 18, 1996, the Plaintiff and the Defendant reported a marriage on July 18, 1996, while continuing a legal marriage relationship, and reported a divorce on October 13, 201.

B. On July 8, 2011, the Defendant filed an application for confirmation of intention of divorce with this Court No. 2011No. 2940, and on October 13, 2011, in the foregoing case, a statement of child support burden, stating that “if the Plaintiff has filed a divorce report to the Defendant under this case, the Defendant shall pay KRW 300,000 per person per child from the day following the date of the report of divorce with the child support for minor children [C (D) and E (F)] until the day on which each child reaches the age of each adult shall be paid on the 10th day of each month (hereinafter “Protocol of child support burden”).”

C. On October 15, 2019, the Defendant: (a) filed an application for a seizure and collection order (including trust) against the Plaintiff’s deposit (including trust) claim with respect to G, etc. with the Government District Court Decision 2019TT11888 on October 15, 2019; (b) filed an application for a seizure and collection order with the court on October 16, 2019; and (c) received a seizure and collection order with the said court on October 16, 2019.

On October 21, 2019, the above order of seizure and collection was served on the garnishee, respectively.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The Plaintiff’s claim for child support under the child support charge protocol of this case is subject to the short-term extinctive prescription of three years under Article 163 subparag. 1 of the Civil Act. The extinctive prescription of the above claim for child support was completed for 36,00,000 won (=60,000 won x 60 months x 60 months (from November 201, 201 to October 201), which occurred before October 21, 2016, computed retroactively from October 21, 2016, when the seizure and collection order of the above claim was served on the garnishee.

Therefore, the remaining claim amount of the child support claim based on the instant child support statement shall be KRW 13,500,000 (=child support 2,700,000 = 300,000 x 9 months (from November 1, 2016 to July 201), which occurred between the Plaintiff and the Defendant’s children from November 201, 2016 to the date on which they reach each adult age) for E’s child support 10,800,000 [=30,000 x 36 months.].

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