logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.10.18 2018나52488
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. C completed the marriage report with the Plaintiff on November 25, 1998, gave birth to the date E, and given birth to the F date G.

B. On October 1, 2013 and November 1, 2013, the Plaintiff began to doubt that E is one’s own children, and that E is not the Plaintiff’s friendly child.

C. The Plaintiff and C have been married on March 11, 2014, and C has been bringing up for E after the divorce.

At the time of the above agreement divorce, the record of child support liability was prepared to pay 50,000 won per person per month from the day following the date of the report of divorce with the child support for E and G until the day before E and G reach each adult age.

C A. On January 25, 2017, upon filing a claim against the Defendant for recognition, the judgment that “E is recognized as the natural father of the Defendant” was rendered (Seoul District Court Decision 2016ddan21557) and the above judgment became final and conclusive as it is.

(hereinafter referred to as “instant recognition”). E.

After having been divorced with C, the Plaintiff transferred 50,000 won per month to C as the child support for E from March 28, 2014 to December 28, 2016.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 11, the purport of the whole pleadings

2. The judgment on jurisdiction (the defendant's defense before the merits) is based on the nature of parent-child relationship based on blood relatives' duty to care for a minor of the parent's parents, and thus constitutes the primary support duty regardless of whether parental authority or right of care exists, whether children and parents live together with their children and parents.

(Supreme Court en banc Order 92S21 Dated May 13, 1994). In this case, the Defendant, as E’s father, is the first person responsible for supporting the minor before E becomes adult. The Plaintiff is the spouse of C, who is a lineal blood relative of E, and was the second person responsible for supporting the minor under Articles 974 subparag. 1 and 975 of the Civil Act.

With respect to minors, the first.

arrow