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(영문) 창원지방법원 통영지원 2017. 5. 10.자 2017즈기10003 결정
[이행명령][미간행]
New Secretary-General

Applicant (Attorney Park Young-young, Counsel for defendant-appellant)

Respondent

Respondent

Principal of the case

Principal of the case

Text

1. The respondent pays the applicant KRW 16,50,000 for unpaid child support from August 18, 2014 to April 2017, as a performance of obligations pursuant to a final and conclusive judgment rendered by this Court Decision 2013Ddan1839, April 18, 2014.

2. The applicant's remaining requests are dismissed.

3. Costs of application shall be borne by the respondent.

Purport of application

The respondent shall pay to the applicant 15,00,000 won with 15% interest per annum from the day following the delivery of a copy of the complaint of this case to the day of full payment. The respondent shall pay to the applicant the amount equivalent to 500,000 won per annum from February 1, 2017 to August 5, 2030, the principal of this case, from August 5, 2030, as child support for the principal of this case, to the end of each month.

Reasons

1. Of the instant application, the part seeking an order for payment of child support in the past is justified within the scope of the text.

2. According to Article 123 of the Rules of Family Litigation, an obligor may be ordered to perform all or part of the obligation not performed by the obligor until issuing the order. However, among the instant applications, the part seeking an order to perform future child support (child support after May 2017) does not constitute the obligation not perform by the obligor by the date of the instant decision to perform the instant obligation. Therefore, this part of the application is without merit (the performance order does not in itself affect the substantive obligation under the substantive law. As such, it is natural that the respondent still performs the obligation to pay future child support according to the final judgment entered in the order).

3. For the foregoing reasons, it is decided as per Disposition in accordance with Article 64 of the Family Litigation Act.

Judge Kang Sung-hoon

A State: A person who violates this order without any justifiable reason may be punished by a fine for negligence not exceeding one million won, and when a person fails to perform his/her duty of periodic payment of money for three or more years, he/she may be punished by detention within the limit of 30 days, and if he/she fails to perform his/her duty of delivery within 30 days, he/she may be punished by detention within the limit of 30 days.

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