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(영문) 서울북부지방법원 2019.08.13 2018가단115334
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 2, 2008, the Plaintiff and C married, and the Plaintiff filed a claim for divorce, etc. against C with the Seoul Family Court 2014Dhap308483 (hereinafter “instant judgment”) and rendered a judgment on February 7, 2018 by the said court that “the Plaintiff and C shall divorce,” and the said judgment became final and conclusive without any objection by both parties.

B. In the instant judgment, in addition to the divorce between the Plaintiff and C, the contents of consolation money, division of property, designation of a person with parental authority over children and a person with parental authority over children, payment of child support, and visitation right were also declared. Among them, in relation to C’s obligation to pay consolation money and child support, the following judgment was rendered, and the execution of the said part was sentenced.

2. Defendant (C) pays to the Plaintiff 20,000,000 won as consolation money and 5% per annum from November 26, 2014 to February 7, 2018, and 15% per annum from the next day to the day of complete payment.

6. The Defendant (C) shall be the Plaintiff:

A. Payment of KRW 50,000,000 as a child support for the past of the principal of the case;

B. To pay 1,50,000 won per month from February 1, 2018 to February 24, 2029 as the future child support of the principal of this case at the end of each month.

9.Paragraphs 2 and 6 may be provisionally executed.

C. Meanwhile, the Plaintiff and C appealed the instant judgment as Seoul High Court Decision 2018Reu2068, respectively, on the grounds that only the division of property, division of property, and child support were dissatisfied with the instant judgment. However, on December 4, 2018, the appellate court rendered a judgment dismissing both the Plaintiff and C’s appeal. On the above judgment, C appealed appealed as Supreme Court Decision 2019Meu10215, but was sentenced to dismissal by the said court on April 25, 2019.

The plaintiff is the consolation money of KRW 20,000,000 that ordered provisional execution in the judgment of this case as Seoul Northern District Court 2018TTTTT104099, and the above money is 50,000,000 for past child support and each of the above money.

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