Requirements for a divorced mother to claim for a minor's future support allowance against the biological father of the divorced mother.

In order for a minor to claim for the future support fees to the biological father of the minor who is not the minor who has been supported, there must be a specific claim source such as the agreement on the rearing of the minor. Even if the biological mother simply raises a minor minor against his will, such as not complying with the demand for delivery of the biological father, and even if it is obvious that the biological mother is the intention to continue the rearing in the future, such reason alone does not have self-support ability to the biological father, and it cannot directly claim the support fees to the biological father, whether it is in the past or in the future.

Article 837 of the Civil Act

Supreme Court Decision 66Meu40 Decided January 31, 1967, 75Meu17 and 18 Decided June 22, 1976, Supreme Court Decision 79Meu3 Decided May 8, 1979, Decision 84Meu1536 Decided June 11, 1985

Claimant

Defendant 1 and two others

Daegu High Court Decision 84Reu52 delivered on December 11, 1985

The appeal is dismissed.

The costs of appeal shall be borne by the appellant.

The grounds of appeal are examined.

1. With respect to the claim of consolation money:

According to the reasoning of the judgment below, the court below acknowledged the fact that the marriage life of the appellant and the respondent 1 has reached a failure due to the reasons attributable to the respondent, and determined that the amount of consolation money to be paid to the claimant jointly and severally by the respondent shall be KRW 10,000,000, in consideration of the fact that the defendant received 6,000,000 which was deposited as part of consolation money for the claimant in the married life of the claimant and the respondent 1, and there is no error in the misapprehension of legal principles as to mistake of facts or calculation of consolation money due to the violation of the rules of evidence, such as the theory of lawsuit, and there is no error in the misapprehension of legal principles as to mistake of facts or calculation of consolation money due to the violation of the rules of evidence.

2. With respect to a claim for child support:

In order to claim for a minor's future support fee against the biological father of a minor who is not the person who has been supported, there must be a specific claim source, such as that there is an agreement on minor's rearing, and even though it is clear that the biological mother merely raises a minor minor against the will of refusing to comply with the demand for delivery by the biological father, and even in the future, it does not have self-support ability for the biological mother, nor can it directly claim the support fee to the biological father, whether it is in the past or in the future, it is a consistent opinion of the party members (see Supreme Court Decision 66Meu40, Jan. 31, 1967; 75Meu17,18, Jun. 22, 1976; 79Meu3, May 8, 1985; 84Meu1536, Jun. 11, 1985; 2000Da1536, Jan. 31, 1967).

3. Therefore, all arguments are without merit, and 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 on the bench.

Justices Kim Young-ju (Presiding Justice)