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(영문) 대전지방법원 천안지원 2018.02.14 2016가단14016
청구이의
Text

1. Among the instant lawsuits, the Daejeon Family Court's astronomical Branch Branch No. 2010 No. 1441 and the Daejeon Family Court's astronomical Branch Support.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant married on November 8, 1996, but the agreement was married on November 15, 2010, and two children were placed between them.

At the time of the divorce, the plaintiff had parental authority over his children, and the defendant decided to raise his children, and the plaintiff paid 2,000,000 won to the defendant in total per child support each month.

(The Daejeon District Court Branch 2010No. 1441, No. 2010, No. 1441, hereinafter referred to as the "Protocol of Child Support"). (b) The child support burden is

On January 17, 2013, the Plaintiff’s application made a decision to change the payment of child support of 500,000 won per person (the Daejeon District Court 2012ddan7233). On March 18, 2013, the Defendant rendered a decision to directly pay child support (the Daejeon District Court 2013 business period24; hereinafter “decision to change the direct payment of child support”) based on the above purport.

C. On August 9, 2010, the Plaintiff, on the other hand, on which the agreement was reached prior to the divorce, issued and delivered a notarial deed of a monetary loan agreement for consumption with a notary public, stating that “A notary public, on August 9, 2010, lent KRW 100 million to the Plaintiff on August 9, 2010, and the Plaintiff borrowed it. The due date shall be paid in a lump sum on the last day of December 2010. There is no interest. In the event that the Plaintiff fails to perform his/her obligation, the Plaintiff, even if he/she was immediately subject to compulsory execution, was aware that there was no objection.”

(hereinafter “instant notarial deed”). D.

On October 10, 2013, the Plaintiff filed a lawsuit for objection against the Defendant regarding the instant notarial deed by asserting that “the instant notarial deed is null and void because the Defendant stolen the Plaintiff’s seal imprint,” but the court of first instance dismissed the Plaintiff’s claim on November 20, 2013. On August 29, 2014, after the appellate trial was closed, the Plaintiff’s appeal was dismissed on October 10, 2014, and the judgment of the first instance court became final and conclusive around that time.

(hereinafter referred to as “previous objection”). (e)

The defendant on March 29, 2013 of this case.

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