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(영문) 대구지방법원 안동지원 2017.02.10 2016가단23489

양육비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Upon the Defendant’s request, the Plaintiff brought up C, who is the Defendant’s friendship, from April 1995 to 201, and used approximately 16 years average of KRW 5 million each year as child support.

Therefore, the defendant is obligated to pay to the plaintiff the money stated in the claim with the amount equivalent to the above child support and damages for delay.

2. The Plaintiff paid C’s child support, as alleged by the Plaintiff.

Even if there is no ground to claim immediately to the defendant, and there is no evidence to prove that the defendant agreed to pay the child support to the plaintiff. Thus, the plaintiff's claim is without merit without further examination as to other points.

(A) According to the purport of the entire statement and pleading on No. 5, the Plaintiff adopted C on Nov. 24, 1998, and acknowledged the fact that the agreement was reached on Jul. 6, 2012. The most part of the child support claimed by the Plaintiff is merely an expenditure for performing the duty to support C, and even if there was a child support payment that was paid before adoption, and even if the Defendant agreed to pay it to the Plaintiff at that time, the claim for the agreed amount was extinguished by the ten-year statute of limitations as of the filing of the instant lawsuit).