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(영문) 전주지방법원 2018.11.30 2018가단15385
청구이의
Text

1. The Defendant’s Jeonju District Court 2013ddan5865 (principal lawsuit), 2013ddan63 (Counterclaim) and consolation money.

Reasons

1. Basic facts

A. On April 2, 2009, the Plaintiff completed a marriage report with the Defendant and had two children.

B. On February 11, 2014, the Plaintiff: (a) concluded conciliation (hereinafter “instant conciliation protocol”); and (b) divorced on March 6, 2014, in the previous Jeju District Court 2013Ddan5865 (principal claim), 2013ddan63 (Counterclaim); and (c) divorced as follows.

1. The plaintiff and the defendant are divorced.

2.The designation of a person with parental authority and a custodian shall be as follows:

The defendant shall be designated as a person with parental authority and custodian of the case C.

C. (1) The defendant is designated as a person with parental authority of the case principal D, and (2) The plaintiff shall rear the defendant until the case principal D reaches 10 years of age, and thereafter the defendant shall rear the defendant.

3. With respect to child support,

The plaintiff shall pay to the defendant the amount calculated by the ratio of KRW 400,000 per month from February 15, 2014 to the day before he/she reaches the age of 10,000 to the child support of the principal C of the case.

B. After the instant principal D reached 10 years of age, the amount determined by the agreement between the Plaintiff and the Defendant as the child support of the instant principal shall be paid to the Defendant in the same manner as the indicated in the said paragraph (i.e., the payment date: December 15 of each year; and the payment method: lump sum payment).

4-6 Omission

C. On May 16, 2018, the Plaintiff filed an application for designation and change of a person with parental authority against the Defendant as Jeonju District Court Branch Branching 2017Radan539. On May 16, 2018, the said court rendered a decision to change C’s person with parental authority and custodian to the Plaintiff. The said decision to change C’s person with parental authority and custodian to the Plaintiff was finalized on August 20, 2018.

On January 1, 2018, the Defendant: (a) pursuant to the instant protocol, filed a claim with the Jeonju District Court 2018TTT560, the Defendant KRW 18,400,000, totaling KRW 102,000 and enforcement expenses for the child support claim for 46 months from February 15, 2014 to December 15, 2017 under the instant protocol of conciliation; and (b) as to the Plaintiff’s third obligor 1’s claim against the agricultural cooperative.

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