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(영문) 춘천지방법원 2015.06.30 2014가단8861
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a deceased-child of the network D, and the defendant B is a spouse who married with the network D on September 11, 1995.

B. On October 24, 2013, the deceased died on August 27, 2014, when being hospitalized in the Hongcheon Asian Hospital, Gangwon-do Rehabilitation Hospital, Gangwon-do Rehabilitation Hospital, Gangwon University Hospital, Gyeongsung Hospital, Chuncheon Medical Hospital, Chuncheon Medical Hospital, and Matern Hospital, etc.

C. On March 28, 2014, the Network D filed a divorce suit against Defendant B by the Chuncheon District Court 2014ddan912, but died during the said lawsuit, and the said lawsuit was terminated as the withdrawal of the lawsuit.

A total of KRW 13,03,273, nursing expenses of the network D, KRW 13,320,00,000 for funeral expenses, and KRW 6,341,00 for funeral expenses.

E. Meanwhile, on November 13, 2013, Defendant B entered into a contract under which he/she donated the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only real estate owned by himself/herself, to Defendant C (hereinafter “instant donation contract”) and completed the registration of ownership transfer for the instant real estate in the future of Defendant C on November 28, 2013.

[Ground of recognition] A without dispute, entry of Gap evidence Nos. 1 through 6, and 8 (including each number in the case of additional number), fact-finding with respect to the authorized head of this court, and the purport of the whole pleadings

2. Claim against the defendant B

가. 원고의 주장 피고 B은 먕 D의 배우자이므로 망 D을 부양할 1차적인 의무가 있고, 원고는 망 D의 아들로 망 D을 부양할 2차적 의무를 갖고 있는바, 피고 B이 망 D에 대한 1차 부양의무를 게을리하여 원고가 망 D을 대신 부양했으므로, 피고 B은 원고에게 원고가 소요한 부양비용 31,664,273원(= 병원비 13,003,273원 간병비 13,320,000원 장례비 6,341,000원)을 지급해야 한다.

B. The duty of mutual support between husband and wife as stipulated in Article 826(1) of the Civil Act, which determines the cause of the claim, is an essential duty of marriage, and a person who is supported.

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