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Reasons
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(영문) 인천지방법원부천지원 2016.06.09 2016가단100180
청구이의
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1. The Defendant’s Branch Branch of the Incheon District Court for the Plaintiff (Main Office), September 2, 2015, Supreme Court Decision 2014Nu8311, Sept. 2, 2015.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant filed a claim suit against each other, including divorce, with the Plaintiff and each other as the Busan District Court Branch of 2014dan8311 (main office), and 2014dan1062 (Counterclaim).

B. On September 2, 2015, the above court rendered a judgment that the Plaintiff and the Defendant divorced from the Plaintiff on September 2, 2015, designating the Defendant as the person in parental authority and the person in custody of the minor child, and the Plaintiff shall pay 500,000 won to the Defendant as the child support for the child at the end of each month from November 20 to November 20, 2032 (hereinafter “instant judgment of divorce”). The instant judgment of divorce became final and conclusive on September 26, 2015.

C. From August 20, 2014 to October 20, 2015, the Plaintiff wired money to the Defendant’s account as follows. From October 20, 2015, the Plaintiff indicated that KRW 500,000 was a child support.

Serial Transfer Date: 400,00 on August 20, 2014; 200. 60,00 on August 25, 2014; 300,00 on September 20, 2014; 400,00 on October 40, 200 on May 20, 2014; 40,006. 6. 40,00 on December 40, 200 on May 20, 2014; 30. 40,00 on May 40, 200 on May 20, 205; 10, 2005; 40. 40,00 on May 40, 201 on May 20, 2015; 20, 2000 on February 40, 2015;

D. On December 28, 2015, the Plaintiff paid KRW 1,000,000 to the Defendant by specifying the unpaid child support amount.

E. From January 20, 2015 to October 20, 2015, the Defendant, based on the original copy of the instant divorce judgment, filed an application for a collection order for the Defendant’s claim seizure and collection order against the Defendant’s deposit claims, etc. based on the original copy of the instant judgment on divorce, on the grounds that the Plaintiff failed to pay the child support of KRW 4,50,000 for nine months, and issued a seizure and collection order on November 18, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3 through 5

2. Determination on the cause of the claim

A. The Plaintiff 1’s assertion by the parties concerned is a child support from November 21, 2014 to August 20, 2015.

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