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1. As to the Plaintiff’s KRW 430,00,000 and KRW 420,000 among them, the Defendant shall pay to the Plaintiff KRW 10,000 from January 18, 2018, KRW 10,000.
Reasons
1. Basic facts
A. From July 2, 2010, the case including divorce and division of property, etc. brought by D against the Defendant (Seoul Family Court 2010dhap4172), the conciliation was established including that “A person who is divorced with D shall be paid KRW 200 million to D as consolation money and division of property until July 31, 2010, and the Defendant shall pay the child support of E and F, a minor child, KRW 10 million from July 31, 2010 to December 31, 2019 (hereinafter “instant conciliation”).
B. The Defendant borrowed KRW 40,000,000 from the Plaintiff, who was son on July 30, 2010, in order to pay the consolation money and the division of property amount of KRW 200 million following the instant conciliation.
C. The Defendant requested the Plaintiff to lend money to D as the child support for the above minor children, and the Plaintiff accordingly lent KRW 85,000,000 to the Defendant by means of remitting money directly to the bank account in the name of D Bank between January 5, 2010 and August 5, 2010.
Around July 2012, the issue at the competent tax office was raised by the Defendant as the representative director of G Co., Ltd. was unable to receive the child support under the instant conciliation, and the Defendant requested the Plaintiff to pay the child support instead of the child support under the instant conciliation. Upon the Defendant’s request, the Plaintiff paid 305,000,000 won over 32 times between August 6, 2012 and March 24, 2015 as the child support under the instant conciliation.
E. The Plaintiff, E, and F, the Defendant’s child, filed a petition for adjudication on the commencement of adult guardianship with the Defendant as the principal of the case (Seoul Family Court No. 2016-Ma5254, 2017-Ma5089). On September 5, 2017, adult guardianship for the Defendant was commenced on September 5, 2017, and the Plaintiff and C were appointed as adult guardian.
[Ground of recognition] Unsatisfy, A No. 1.