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(영문) 인천지방법원 2019.02.15 2018가단224858
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The pertinent Plaintiff is the mother of Nonparty C, and the Defendant was the spouse of Nonparty C.

In addition, the plaintiff and C have two minor children who were born in 2009 and 2010.

B. On April 27, 2013, C had attempted to commit suicide, and was hospitalized at the Gyeongbuk University Hospital from April 27, 2013 due to the aftermath of the said suicide attempted to receive rehabilitation treatment, etc. on May 10, 2013. On October 9, 2013, C was hospitalized at the E convalescent Hospital, and discharged on June 27, 2014, and on July 29, 2015, C was diagnosed as “the need for nursing by a guardian for 24 hours due to a chronic disorder, a chronic disorder, or a chronic disorder due to dementia in the Emers disease.”

C. A total of KRW 18,932,815, from May 1, 2013 to April 7, 2017, as shown in the attached Table, were spent from May 1, 2013 to the hospital treatment expenses, medicine expenses, and medical expenses of C. The Defendant spent KRW 725,090 among the hospital treatment expenses, and KRW 887,710 among the hospital treatment expenses, and the remainder was borne by the Plaintiff.

The defendant filed a claim against C for divorce, consolation money, and child support in the past and in the future, and C also filed a claim for divorce, consolation money, and division of property as a counterclaim.

On April 28, 2017, the judgment of the court below was rendered on April 28, 2017 that "C and the defendant shall be divorced, and the defendant shall pay C the consolation money of KRW 15 million, division of property, KRW 18.9 million, and the defendant shall be designated as a person with parental authority and the guardian of the principal of the case (Seoul Family Court Decision 2016ddan4242 (principal lawsuit), 2017ddan10673 (Counterclaim)), and the above judgment became final and conclusive as is.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 13 (including provisional number), Eul evidence 2, the purport of the whole pleadings

2. Determination on the claim for medical expenses

A. The duty of mutual support between husband and wife as stipulated in Article 826(1) of the Civil Code establishing the duty of reimbursement is an essential duty of marriage.

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