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(영문) 인천지방법원 2021.01.14 2020가단205164
청구이의
Text

1. The Defendant’s final judgment against the Plaintiff is based on the authentic copy of the protocol of conciliation in the case of divorce 29519.

Reasons

1. Basic facts

A. On January 3, 2013, when the lawsuit is pending, the Plaintiff filed a lawsuit for divorce against the Defendant with the Incheon District Court 2012 Down 29519, and on January 3, 2013, the Plaintiff and the Defendant filed a claim for adjudication against the Defendant to change the custodian of child support as the Seoul Family Court 2018 Ga-man, Seoul Family Court 53708, stating that “the Plaintiff shall designate the Defendant as the person with parental authority and the custodian for minor children, and the Plaintiff shall pay 100,000 won per child support to the Defendant at the end of each month from the date the conciliation is concluded to the end of each adult.” (hereinafter “instant conciliation”).

In the above case, the part of the Defendant’s claim for child support was dismissed, and the child support from January 1, 2020 to January 1, 2020 was increased to KRW 50,000 per child, and the above decision became final and conclusive around that time.

(c)

On January 21, 2020, the Defendant, as Seoul Central District Court 2020, issued a seizure and collection order against the Plaintiff’s deposit claims against C and D, with a child support of KRW 8 million for 40 million from January 21, 2013 to April 2016, based on the instant conciliation protocol, as the claim amounting to KRW 8 million for 40 months from January 2013 to April 2016. The above seizure and collection order was served on the garnishee on January 28, 2020.

(d)

On January 30, 2020, the Plaintiff received a decision of the suspension of compulsory execution based on the original copy of the conciliation protocol of this case as Incheon District Court 2020Kao, 10016, and submitted it to the execution court that received the above seizure and collection order on January 31, 2020.

On January 29, 2020, the Defendant collected KRW 2,485,450 from D Co., Ltd. based on the instant seizure and collection order, and reported the collection to the court on February 6, 2020.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 6, 16, and the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion.

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