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(영문) 서울중앙지방법원 2017.07.11 2016가단100353
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. From October 22, 2003, from the judgment of the court and the final judgment of the court and the final judgment of the defendant, the defendant was appointed as the person who has parental authority over the principal of the case (the children, C) and the person who has parental authority over the principal of the case, and the person who has parental authority over the principal of the case (the children, C) as well as the person who has parental authority over the principal of the case, and the defendant was sentenced to the judgment of the court and the judgment of the court and the judgment of the final judgment and the judgment of the court and the judgment of the court and the judgment of the court that the plaintiff paid 10 million won and delay damages to the plaintiff as child support for the principal of the case (the children) from October 22, 2003 to May 1, 2021 to the defendant.

(hereinafter referred to as "relevant case judgment"). Although the defendant appealed against this, the judgment dismissing the appeal was rendered on July 2, 2004 (the Gwangju District Court 2003Reu619 (the main office) 2003Reu626 (Counterclaim)) and the related judgment became final and conclusive on July 31, 2004.

B. On June 27, 2016, the Defendant issued a seizure and collection order (Seoul Central District Court 2016TTT 11678) regarding the Plaintiff’s claims, such as the Plaintiff’s wage, based on the child support claim based on the relevant judgment of the case.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-6 (including the whole number), the purport of the whole pleadings

2. The plaintiff's assertion as to the cause of the claim ① On July 2004, which was after the judgment of the appellate court of the relevant case, the defendant called the plaintiff to consider to be gender.

And there is no need for money.

In lieu, consolation money shall be elbow tending

E. The defect is the e.g., which is completed here.

The plaintiff also refers to "I am about".

“The answer was made.”

Accordingly, the plaintiff and the defendant agreed to waive the plaintiff's consolation money claim and the defendant's child support claim based on the judgment of the related case, and both the plaintiff and the defendant already extinguished.

Accordingly, the defendant did not appeal, and the plaintiff did not execute the consolation money claim that has already been due.

(2) The plaintiff's child support obligation based on the relevant judgment of the case is out of the statute of limitations.

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