Main Issues
Cases of determining that the results of blood tests are friendly;
Summary of Judgment
As a result of the blood test on whether the applicant is a child born between the mother and the respondent, ABC type, RH type, Duffy type, and Kidd type test are possible in combination with the mother and the respondent. However, only in MN type, the respondent has been excluded from the possibility of friendship. However, if one of MN blood sources or NN port source is weak, it is not easy to detect reaction, so it is necessary to re-verification by MN type, which is no longer impossible to confirm the reaction. The result of the systematic synthetic test of the same blood test was found to be possible in combination with the respondent and the mother, it is justifiable to recognize the respondent as the applicant by taking into account other evidence.
[Reference Provisions]
Article 863 of the Civil Act
Claimant-Appellee
Claimant
appellee-Appellant
[Defendant-Appellant] Defendant Kim Jae-sik
Judgment of the lower court
Seoul High Court Decision 85Reu268 decided March 17, 1986
Text
The appeal is dismissed.
The costs of appeal shall be borne by the respondent.
Reasons
Each ground of appeal by the respondent and his/her attorney shall be examined together.
Based on its reasoning, the judgment below recognized the fact that the respondent gave birth to the claimant on July 7, 1968, when the respondent was born to the non-party who was the mother of the claimant and the non-party to the marriage since 1964, and the respondent voluntarily paid the hospital and paid the cost of delivery and left the name of the claimant. As a result of the blood examination on whether the claimant was a child born between the non-party to the claim and the respondent, the court below determined that the defendant's blood type can be expressed in combination between the non-party to the claim and the respondent. However, in light of the result of the blood examination on whether the non-party to the claim is a child born to the non-party to the claim, the defendant's blood type, RH type, Duffy type, DD type, and KD type prosecutor recognized that the defendant's blood type could be expressed in combination with the non-party to the claim and the non-party type prosecutor's identity could not be easily identified, but the respondent's non-party type and the non-party type prosecutor's identity cannot be confirmed.
In light of the records, the court below is just in examining the process of the preparation of evidence which was conducted in its fact-finding, and there is no error in the rules of evidence as to the theory of lawsuit or in violation of the rules of evidence, and the court below did not accept the claimant's claim for recognition as a child born between the defendant and the non-claimer, and therefore there is no ground to see that the court below erred in the misapprehension of the contents of the
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee B-soo (Presiding Justice)