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(영문) 대법원 2017.04.13 2016다275433
청구이의 소
Text

The judgment below

Among them, the part against the Defendant (Counterclaim) regarding the main lawsuit is reversed, and this part of the case is remanded.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the judgment below, the court below acknowledged that the plaintiff (Counterclaim defendant; hereinafter only referred to as "the plaintiff") and the defendant (Counterclaim plaintiff; hereinafter referred to as "the defendant") who was a legally married couple under the law agreed on May 6, 2008 and agreed on the payment of 50,000 won per month from May 1, 2010 to the defendant (per annum 6% per year, interest rate per annum and 7% per annum) with child support, and on the same day, the plaintiff agreed on the payment of 50,000 won per annum from the notarial deed to the defendant for non-performance of a notarial deed (the notarial deed of this case) by adding 20,000 won to the notarial deed of this case (the notarial deed of this case shall be 200,000 won per annum from May 1, 2010 to April 1, 2030, the plaintiff shall not pay the remainder of the notarial deed of this case to the defendant without delay.

Then, the lower court determined that at the time of the instant agreement, the Plaintiff regularly paid the child support every month to the Defendant, and paid 7% delay damages per annum for the overdue child support, but lost the benefit due to delay of payment, etc. at the time of the instant notarial deed preparation, including the child support, up to the time of future occurrence.

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