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(영문) 수원지방법원성남지원 2016.03.25 2015가단214102
청구이의
Text

1. Claims by the Plaintiff (Counterclaim Defendant) against Defendant B and the principal claim against Defendant (Counterclaim Plaintiff) C, and the principal claim against Defendant C.

Reasons

1. Basic facts

A. The relationship between the parties and the decision of recommending divorce and reconciliation 1) Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is limited to Plaintiff (Counterclaim Defendant);

(2) On December 18, 2007, Nonparty D and Nonparty D had a legal couple E, a child, after having reported their marriage on December 18, 2007. However, D are only the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) from around 2012.

(2) On January 23, 2014, the Plaintiff brought a lawsuit of divorce, etc. against D and Defendant C at the Sungnam Branch of Suwon District Court (2014ddan598). On September 6, 2014, the said lawsuit became final and conclusive as a decision of recommending reconciliation as indicated below (hereinafter “decision of recommending reconciliation of this case”).

St. St. L. L.S.

1. The plaintiff and D are divorced.

2.(a)

D shall pay consolation money to the Plaintiff as KRW 30 million until September 30, 2014. If the above Defendant delays the payment, it shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from the day following the due date to the day of full payment.

B. Defendant C’s consolation money to the Plaintiff up to September 30, 2014, both D and C, respectively.

20 million won out of the amount stated in paragraph (1) shall be paid. If the above defendant delays the payment, 20 million won shall be paid with interest rate of 20% per annum from the day following the date of payment to the day of full payment.

3. The plaintiff shall be designated as a person with parental authority and custodian of the case principal (E).

4. D shall pay 50,000 won per month to the Plaintiff as the child support of the principal of the case from July 2014 to the time the principal of the case becomes adult.

5. The Plaintiff waives all remaining claims against D and Defendant C.

3) Defendant B is Defendant C’s words. B. 1) The Plaintiff and Defendant B entrusted a notary public with the preparation of a notarial deed on April 2, 2013 at the rate of the law firm, and the notary public, as follows, signed No. 230 in 2013 (hereinafter “No. 1 notarial deed”).

Article 1 (Purpose) Defendant B shall be April 2, 2013, 30,000.

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