2019 Dives 201512 (Re-trials), change, etc. of a person with parental authority

2. Fixedness;

3. Non-existent;

2. The child support prescribed in the protocol of child support liability in the case of an application for confirmation of intention of divorce between the claimant (a counter-appellant) and the other party (a claimant) in Busan Family Court shall be changed as follows:

On August 2019, the other party (the counter-appellant) shall pay 700,000 won per month to the claimant (the counter-appellant) for the principal of the case from August 2019 to the day before the principal of the case becomes adult, and 50,000 won per person per month for the principal of the case, and 50,000 won per person for the principal of the case to the account of the Nong Bank of the principal of the case.

3.The other party (the other party) may interview the principal of the case as follows:

(a) A certain period: 12:00 to 19:00 on the first Saturday of the first week, and the method: the other party (person who has filed a petition for a trial): to deliver the principal of the case to the applicant (the counter-party) at the place of residence of the principal of the case or at the place of consultation with the applicant (the counter-party to the trial) after having received the interview from the principal of the case to OO where the principal of the case is residing; and to transfer the principal of the case to the applicant (the counter-party to the trial). Change of the interview negotiation: The applicant (the counter-party) and the other party (the counter-party) shall notify three days prior to the date of the interview consultation if they must change the date or place of the interview agreement due to unavoidable reasons, such as the schedule of the principal of the case.

(d) Obligations of the parties: The claimant and the other party shall conduct visitation rights, taking into consideration the intentions and welfare of the parties in the case into consideration, and the claimant (the other party in the case) shall cooperate with the other party (the claimant in the case) so that visitation rights can be conducted smoothly between the claimant and the principal of the case.

4. The appeal filed by the other party (the claimant for the counter-appeal) shall be dismissed;

5.The total costs of a trial in combination with a trial in this trial shall be borne by the other party.

6. The provisional execution of paragraph (2) may be effected.

(1) As from March 15, 2019, the other party (hereinafter referred to as "other party")

70,000,000 won per month for the child support of the principal of this case until the day on which she reaches each adult age;

A monthly payment of KRW 500,000 per capita for the child support of the principals of this case shall be made on the 15th of each month.

Adjudgment: Change of the person in parental authority and custodian of the principal of the case to the other party.

D. The claimant shall hear from the principal of the case. The claimant shall pay the other party child support from December 1, 2019 to the other party.

The end of each month of 50,000 won per person in advance before the principal reaches each adult age.

Class D D.

1. In full view of the records of the case and the overall purport of the examination, the following facts can be acknowledged.

A. On July 27, 2006, the claimant and the other party reported a marriage and made the case principal under the chain of agreement. The two persons, upon the divorce on September 12, 2014, brought up the case principal, while the claimant raises the case principal, they jointly exercise parental authority over the case principal, and the other party agreed to pay 300,000 won per person to the child support of the case principal.

B. A petitioner: (a) around June 2016, around 2016, entered a marriage ceremony with △△△△△ and around September 27, 2016; (b) transferred the residence of the principal of the case and 00 cities; and (c) the principal of the case was brought up by the other party from that time. However, from November 2018, the conflict, such as the other party’s assaulting the principal of the case at the same time, etc., the applicant is bringing up the principal of the case. The other party, after the divorce, requested the applicant to issue an order to pay only part of the principal of the case and non-paid child support to the other party on the ground that the other party’s account was divided from September 15, 2014 to December 15, 2018, the above court requested the other party to pay the amount of money to KRW 200,000,000,000 to Busan District Court.

D. On August 7, 2019, the claimant filed a claim with the district court for the implementation of B/L support 2019 businessz.48, and on January 2, 2020, the above court ordered the other party to pay the unpaid child support of KRW 6.3 million ( KRW 300,000 per head of the case to KRW 300,000 per head of the case) in installments from January 2, 2019 to July 2019. The other party appealed against the special appeal, but the Supreme Court dismissed the claim on May 8, 2020.

E. The claimant is currently receiving insurance company's license and is currently working for △ Fire Insurance Co., Ltd., and is taking an average of 20 million won per month, and the applicant dies with the applicant's license, and the head of the Tong is subject to seizure of the head of the Tong due to his long-term inheritance obligations. On the other hand, the other party acquires a special contact qualification and obtains a monthly income of 5 million won per month while working for a special contact, and is currently preparing to obtain the highest water supply license among current national qualifications.

F. During the period from September 2016 to November 2018, when the principal Byung died with the other party, the other party frequently gam and her mother and her mother were living together with his mother and her mother. The other party stated to the effect that "I am playing with her mother or play a game rather than sending her and time to her home." The other party stated to the effect that "I would like to see the other party's idea or harassment when I want to report the other party's idea or harassment." Both the principal of the case and the claimant and the fraternity want to live with her own ability and to live with her own ability, as now,."

2. Determination on the change of the person with parental authority and the custodian and the delivery of the infant

A. In addition to the above facts, the following circumstances are revealed by comprehensively taking into account the records and the purport of the whole examination of the case, i.e., (i) the applicant raised the principal of this case to the present day and formed a deep relationship with the principal of this case. In such a situation, when changing the rearing environment against the will of the principal of this case, there is a concern that the principal of this case may increase psychological confusion and undermine the emotional stability of the principal of this case. (ii) On the other hand, the other hand, did not directly raise the principal of this case. If the principal of this case is a parent of this case, such as nature, hobby, desired items, food, school life, friendship, etc. of the principal of this case, he is not aware of the part without any choice but to be known, and it is desirable for the principal of this case to continue fostering the principal of this case, in light of the merits and intent of his rearing person as well as the convenience of his rearing person, and the plan for fostering the principal of this case, it is desirable for the principal of this case to hear the principal of this case.

B. Furthermore, the claimant and the principal of the case are currently residing at ○○○ City, and the other party is living in Busan, making it difficult to exercise their parental authority physically smoothly, and the principal of the case was covered by the insurance accident around August 2019, and the applicant requested cooperation from the other party as a joint parental authority for the receipt of insurance proceeds, but the other party requested cooperation from the joint parental authority for the receipt of insurance proceeds, but it is highly likely that if the other party is designated as a joint parental authority for the other party due to his failure to comply with the request, the other party's failure to receive the insurance proceeds may not be paid yet, and the other party is designated as a joint parental authority for the other party. Therefore, the person with parental authority of the principal of the case may be replaced from the claimant and the other party to the claim. Accordingly, the person with parental authority and the custodian of the principal of the case shall be replaced to the applicant, and on different premise, the other party

3. Determination as to child support

The claimant's person with parental authority and the other party designated as the custodian of the principal of this case is obligated to pay the child support of the applicant of this case. The current situation, namely, the second grade of the principal of this case, the fifth grade of the school, including the elementary school, and the fourth grade of the principal of this case, the applicant was in the fourth grade of the elementary school as of 2019, the amount of the education expenses of the principal of this case, the insurance premium, the 3.60,000 won per month, and the 2.0,000,000 won per month for the child support of the principal of this case, and the 1.0,000,000 won per month for the child support of the principal of this case, and the 2.0,000,000 won per month from the date of the examination of the applicant of this case, and the change in the situation of the other party's child support to the 1.5,000,000 won per month from the date of the request of this case.

4. The other party to the ex officio determination of the interview negotiation has the right to interview the principal of the case as his father. Considering the age and intention of the principal of the case, the relation between the principal of the case and the other party, and the situation of custody, it is reasonable to view that the interview is conducted as stipulated in Paragraph 3 of the Disposition.

5. Conclusion

Then, the above determination is made as to the change of the claimant's person with parental authority, the claim for the principal trial on the change of child support, and the visitation right, and the counter-trial claim of the other party is dismissed as it is without merit.

June 19, 2020