(영문) 수원지방법원 2015.01.22 2014가단59169

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(영문) 수원지방법원 2015.01.22 2014가단59169

청구이의

Text

1. The defendant's judgment against the plaintiff is based on the mediation protocol dated 31, 2002 against the defendant.

Reasons

1. Facts of recognition;

A. On April 30, 1981, the plaintiff and the defendant reported their marriage to the defendant, and they left C (the birth of April 1984) and D (the birth of April 1996) to their children.

B. Around September 25, 2001, the Defendant filed a claim for judicial divorce with the Suwon District Court 2001No30541 against the Plaintiff, and the following conciliation was established on July 31, 2002 in the above case.

(hereinafter “Voluntary Conciliation”; 1. The Defendant consented to divorce between the Plaintiff and the Defendant on or before April 22, 2013 when a child C, who is a child of the Plaintiff and the Defendant, is married on or before the said date, within three months from the date of marriage, and if not married by the said date, prior to July 22, 2013, and agreed to cooperate in the procedure.

2. The plaintiff shall pay the living expenses of the defendant and his children on the 20th of each month from August 1, 2002 to the termination of a divorce or separate relationship. If the plaintiff delays the payment, the plaintiff shall pay damages for delay at the rate of 25% per annum from the following day to the day of full payment.

From August 1, 2002 to December 31, 2003, 1,100,000 won per month.

(b) An amount increased by 50,000 won each year from the following day.

3. The defendant shall pay to the plaintiff KRW 20,000,000 by August 20, 2002, and if it is not paid by the above date, it shall pay damages for delay calculated at the rate of 25% per annum from the day after the day to the day of full payment.

C. The Plaintiff paid KRW 20 million to the Defendant pursuant to Article 3 of the instant protocol of mediation, and completed the implementation thereof.

After July 22, 2013, which was the time when the consultation under paragraph (1) of the instant conciliation protocol was reached, the Defendant refused to comply with the Plaintiff’s request for divorce, and the Plaintiff filed a claim for judicial divorce against the Defendant on the ground of the said provision.

[In the case of this case, the Susu District Court, the Susu District Court No. 2013ddan4417 (main office) and 5519 (Counterclaim, hereinafter referred to as the "Counterclaim").

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