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(영문) 대구지방법원 2020.11.04 2020나303661
약정금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

Reasons

1. Facts of recognition;

A. A. Around November 28, 2000, the Defendant, the spouse of C and the Plaintiff (D) were married, and between them, the Plaintiff (D) was a child.

B. At the time of the divorce between the Defendant and C, the Defendant and C agreed not to claim for consolation money, child support, school expenses, and any other terms under the pretext of designating the Plaintiff’s person with parental authority and child care who are minor.

C. After the combination with C, the Defendant did not contact with the Plaintiff and did not contact with the Plaintiff. On January 2018, the Defendant came to contact with C and the Plaintiff (hereinafter “C and the Plaintiff”) again.

At the time of January 2018 through February 2, 2018, the Defendant sent text messages to the mobile phone of the legal representative of the Plaintiff who is a minor, such as “one million won per semester,” “hinging to make a registration fee per semester, and making an official book to the graduate school,” and “A uniforms. our father or senior senior to the school.” As to this, C sent text messages to the Plaintiff “I am good for each other......” At that time, the Defendant paid KRW 10 million to the Plaintiff side as the Plaintiff’s university registration fee, and the Plaintiff side received the said money without any specific objection. The Defendant did not pay the money as the university registration fee, and on August 2, 2018, the Defendant would not grant any subsequent economic support.”

‘The content-certified mail’ was sent to the effect that it was.

F. Meanwhile, in the year 2018, the Plaintiff entered the E University Humanistic International University (UUL). (The grounds for recognition are as follows: (a) the Plaintiff did not dispute; (b) each statement of evidence Nos. 1 through 3; and (c) Nos. 1, 2, 6, 7, and 12 (including paper numbers; hereinafter the same shall apply); and (c) the purport of the entire pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant agreed to pay the Plaintiff KRW 10 million with the enrollment fees of each semester by the time of college graduation (hereinafter “instant agreement”). As such, the Defendant paid KRW 23,65,800, excluding the enrollment fees of each semester paid in 2018, the remainder of 7 semesters, = 23,655,80, excluding the enrollment fees of each semester paid.

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