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(영문) 창원지방법원 2019.07.25 2018나61182
부당이득금
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. On May 28, 2008, the Plaintiff and the Defendant filed a marriage report with two children and had two children, and the Plaintiff filed a divorce and solatium against the Defendant on September 22, 2016, and the Defendant filed a suit and counterclaim against the Plaintiff on October 18, 2016, against the Plaintiff, for divorce and solatium, for designating a person with parental authority and children, for designating a person with parental authority and children, for claiming child support, and for establishing the principal lawsuit and counterclaim against the Defendant.

[Chowon District Court 2016dern 53811 (main office), 2016dern 54234 (Counterclaim)]

On June 23, 2017, the above court: (a) designated the Defendant as the person in parental authority and guardian of the original Defendant’s children; (b) sentenced the Defendant to pay KRW 1,000,000 per month from June 24, 2017 to November 15, 2027, and KRW 500,000 per month from November 16, 2027 to March 7, 2030; and (c) the above judgment became final and conclusive around that time.

(hereinafter “instant judgment”) C.

The Plaintiff remitted KRW 8,050,000 in total to the Defendant’s account on July 5, 2017, KRW 700,000 on July 21, 2017, KRW 650,000 on August 19, 2017, KRW 700,000 on September 22, 2017, KRW 50,000 on October 25, 2017, and KRW 50,000 on November 24, 2017, respectively.

On February 6, 2018, the Defendant: (a) received the claim amounting to KRW 6,950,00,000 and KRW 7,064,50,000 as child support claim amounting to KRW 114,50; (b) received the attachment and collection order of the claim against the Plaintiff’s stock company C (the Changwon District Court 2018TTT1096); (c) on February 8, 2018, the said claim attachment and collection order was served to C; and (d) the Defendant collected KRW 5,513,027 out of the Plaintiff’s benefits and retirement allowances.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 8, 10, and 17, and the purport of the whole pleading

2. Judgment on the plaintiff's assertion

A. On July 4, 2017, the Plaintiff asserted that the Plaintiff did not file an appeal against the instant judgment with the Defendant, subject to the condition that the Plaintiff did not file an appeal against the instant judgment, KRW 8,000,000 according to the instant judgment is KRW 5,00,000.

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