2014Dhap1709 Objection

ParkA (A) - 1

2. Address;

KimB (2)

Address

April 9, 2015

April 30, 2015

1. The defendant's family branch of Busan District Court 2008152 divorce mediation case against the plaintiff of Busan District Court 2008.12.

18. Compulsory execution based on the part concerning child support under the protocol of mediation shall be conducted from May 19, 2012 to October 27, 2019.

No more than one million won per month (payment on the last day of each month) shall be permitted only for the portion exceeding the amount.

2. The plaintiff's remaining claims are dismissed.

3. Before this decision becomes final and conclusive, compulsory execution based on an executory exemplification of the part concerning child support among the conciliation protocol mentioned in paragraph (1) shall be suspended only for the part exceeding the amount stated in paragraph (1).

4. The costs of lawsuit shall be borne by each person;

5. Paragraph 3 can be provisionally executed.

Busan District Court Family Branch case No. 2008 152, Dec. 2, 2008 against the defendant's plaintiff

18. The compulsory execution pursuant to the mediation protocol shall be non-permission.

1. Facts of recognition;

A. On December 18, 2008, in the case of divorce mediation between the Plaintiff and the Defendant in Busan District Court Family Branch case 2008152, “the Plaintiff and the Defendant are divorced. The Plaintiff and the Plaintiff’s father-CC jointly and severally concluded that the Defendant would pay to the Defendant the Defendant the monthly amount of KRW 1 million from December 18, 2008 to October 27, 2019 (the national bank account*********) to pay the monthly amount of KRW 1 million as the child support of ParkD and ParkE. (hereinafter referred to as “instant mediation”).

B. ParkCC, as shown in the attached Form of Child Support Transfer (Korean Investment Finance) (hereinafter “Korea Investment Finance”), is from January 16, 2009 to January 1, 201.

17. From January 2, 2009 to November 18, 2011, the sum of KRW 18.7 million was transferred to the Defendant’s above national bank account. The Plaintiff’s Dong GebF transferred the sum of KRW 18.7 million to the Defendant’s above national bank account, and around May 2012, paid KRW 5 million to the Defendant as a check.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 6 (including each number), Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion

The Plaintiff paid KRW 70,70,000 to the Defendant from January 2009 to May 2012, 2012 as the child support of ParkD and ParkE, which constitutes the child support from December 2008 to October 2014. The enforcement of the Defendant’s child support under the part corresponding to the above period of the instant protocol of mediation should be denied.

B. Determination

In addition to the purport of the child support sharing system that requires a stable payment of the child support for a child to improve the welfare of the child, it is very exceptional to paying the child support in installments and in advance over a considerable period of time despite the regular payment agreement for the child support, it is not readily recognized as an advance payment for the future child support, in view of the fact that the amount that the non-child was paid to the child in excess of the agreed child support to the child.

First of all, we examine whether ParkCC and ParkF included advance payment of the child support of KRW 65,70,000 between January 2009 and November 201, including the Defendant’s total of KRW 65,000,000, and the above facts of recognition. In addition, the following circumstances are as follows: ① ParkCC and ParkF continuously deposited a certain amount of money of KRW 1,50,000 per month with the Defendant’s account transfer for the above period, ② ParkF would have been paid to the disabled of KRW 3,00,000,000, and in particular, it would have been required for the disabled to pay the child support of KRW 6,570,00,00,000, in good faith, and there is sufficient time to pay the child support of KRW 1,500,000,000,000 in addition to the above contents of the child support of ParkCC’s child support and its entire pleadings.

In light of the fact that there is an agreement between the plaintiff, ParkCC and the defendant to make a prior payment of the future child support during the above period, or there is no other evidence to deem that there is no special circumstance to deem that the child support has to be paid in advance, the evidence submitted to this court can only be recognized as the child support up to November 201, and further, it is difficult to recognize that the above amount includes the child support after December 201.

Meanwhile, in light of the aforementioned various circumstances, it is reasonable to view that ParkF’s delivery of five million won to the Defendant around May 201, 201, as a child support from December 201 to April 2012, 201.

Therefore, the part concerning child support from December 2008 to April 2012, 2012, among the Plaintiff’s obligations under the instant protocol of mediation, shall be deemed extinguished. Therefore, compulsory execution under the part concerning child support under the instant protocol of mediation shall be dismissed only for the part exceeding KRW 1 million each month from May 19, 2012 to October 27, 2019 (payment as of the last day of each month).

3. Conclusion

Therefore, the plaintiff's claim is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

Judges Do-constition

Judges Kim Gin-jin

Judges Park Jong-hee