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(영문) 서울북부지방법원 2019.07.25 2018가단144721
청구이의
Text

1. On February 26, 2015, the Defendant filed an application with Seoul Northern District Court No. 2014No. 5401 for confirmation of divorce with respect to the Plaintiff.

Reasons

1. Basic facts

A. After completing the marriage report, the Plaintiff and the Defendant divorced on February 26, 2015 on the case of applying for confirmation of intention of divorce between the Seoul Northern District Court 2014No. 5401 and the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) with their children C (D) and E (F) as their children C (F) and E (F).

B. The record of the liability for child support in the case of applying for confirmation of intention of divorce (hereinafter “the record of liability for child support of this case”) states as follows: “The Plaintiff shall pay to the Defendant, and if a divorce is reported pursuant to the instant case, the minor children from the day following the report of divorce shall be paid the child support for the minor children until the day before they reach each age of majority shall be paid KRW 1.6 million per month.”

C. On May 24, 2018, the Plaintiff filed a petition against the Defendant for a judgment on the change of child support (Korean Government District Court 2018 Madan30345), and on June 13, 2019 from the appellate trial (Korean Government District Court 2018B1050) of the instant case, a ruling of recommending reconciliation became final and conclusive that “the Plaintiff shall pay to the Defendant or C, E, the child support of C, and the payment of the child support of C, from November 2018 to May 31, 2021 for E, and from May 31, 2023 to May 31, 2023 to the end of each month.”

From March 2015 to October 2018, the Plaintiff paid 116,160,000 won to Defendant C, E, or directly paid C and E’s private teaching institute expenses.

[Ground of recognition] Facts without dispute, entry of Gap evidence 7, 10 to 15, the purport of the whole pleadings

2. According to the above facts, the Defendant’s claim for child support based on the instant child support statement from March 2015 to October 2018 is KRW 140,80,000 (=3,200,000 x 44 months). Since the Plaintiff paid KRW 116,160,000 among them, it is reasonable to deny the Defendant’s claim for child support based on the instant child support statement only for the portion exceeding the unpaid child support amount of KRW 24,640,00 (=140,800,000 - 116,160,000).

3. Thus, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are accepted.

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