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(영문) 의정부지방법원고양지원 2015.09.02 2014가합53554
채권자대위에 의한 부당이득반환 청구의 소
Text

1. The Defendant’s KRW 399,702,234 as well as the Plaintiff’s annual 5% from June 11, 2014 to November 21, 2014, and the following.

Reasons

1. Basic facts

A. The pertinent Plaintiff was married on March 2, 1997 with C and C, and on June 10, 2014, a judicial divorce was made on June 10, 2014. The Defendant is C’s mother.

B. Around March 22, 1997, the Plaintiff and C were married in C and Australia, and resided in Korea from around 2009 to around 2009. Around 2010, the Plaintiff returned to Australia again. During the marriage period, the Plaintiff actively engaged in economic activities as a software developer, and C was in full charge of housework and child care as a full-time worker. C around September 2012, 2012, around September 2012, 1999: (a) the Plaintiff got married in C and Australia; (b) the Plaintiff went back to Korea; and (c) the Plaintiff was subject to the order to return from Korea to Korea by reporting the aforementioned violence to D police, and (d) the Plaintiff was under the order to return to Korea on December 16, 2012.

3) On October 24, 2012, the Plaintiff filed a lawsuit against the Family Court of Australia regarding division of property and designation of a custodian for fostering property. On November 30, 2012, the Plaintiff filed a lawsuit seeking divorce and division of property with the Seoul Family Court (hereinafter “instant divorce lawsuit”).

(4) On May 15, 2014, the Seoul Family Court rendered a judgment to the effect that C would make it difficult for its family members to take verbal abuse against the Plaintiff and his/her children during the marriage period, and that C would be subject to an order of prohibition of access due to the use of violent violence against D, and that C would have a final cause for the failure of access to the marriage relationship, and that C would pay consolation money of KRW 10,00,000 and delayed damages and property division amount of KRW 423,620,00 from May 16, 2014 to the Plaintiff (hereinafter “instant divorce judgment”). The instant divorce judgment became final and conclusive on June 10, 2014.

(c) C-.

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