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(영문) 서울북부지방법원 2016.02.17 2015가단35628
청구이의
Text

1. The defendant's case where the Seoul Northern District Court No. 2009No. 3907 against the plaintiff is applied for the confirmation of the intention of divorce.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were legally married couple. On November 13, 2009, the Seoul Northern District Court Decision 2009No. 3907 decided November 13, 2009, regarding the burden of child support for C (D) and E (D) minors in the case of application for confirmation of the intention of divorce, the record of the burden of child support (hereinafter “the record of child support of this case”) stating that “if a divorce report is filed against the Defendant, the Plaintiff shall pay 200,000 won per person from the day following the filing of the divorce report for the minor children until the day when the child reaches each adult age” was prepared, and the divorce report was completed at that time.

B. The Defendant requested a collection order for the Plaintiff’s claim against F with the child support of KRW 25.2 million (i.e., 63 months from December 22, 2009 to February 22, 2015 x 200,000) as the title of execution by using the protocol of the instant child support burden as the title of execution (i.e., Seoul Northern District Court Decision 2015TTT) as the title of execution, and applied for a seizure and collection order for the Plaintiff’s claim against F. on March 12, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff started the occurrence of the damages due to the shortage of living costs, and came to have a divorce with the Defendant immediately after obtaining authorization by going through individual rehabilitation procedures. The Plaintiff decided to waive the division of property for the said reason, and instead, the Defendant decided to waive the payment of the child support for the child. The Defendant written the document in the form of document, and only stated that the Plaintiff was paid the child support amounting to KRW 200,000 per child only in the form of the document. Therefore, there is no obligation to pay the child support by the agreement between the Plaintiff and the Defendant. Accordingly, the Defendant’s claim for the child support is subject to the short-term extinctive prescription for three years, and the statute of limitations for the child support claim until February 2

B. The non-existence of a child support obligation by mutual agreement between the parties.

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