The case ordering the birth father to pay a reasonable amount of support fees to a minor (student) who is under his/her possession as the performance of the so-called primary support obligation.

Articles 974, 975, and 977 of the Civil Act

Supreme Court Decision 72Meu5 delivered on July 11, 1972 (No. 20Meu148)

June 10, 1986, 86Meu46 decided Jun. 10, 198 (No. 34 ② Special 175Gong1986, 873)

Claimant

Other Party

1. The other party shall pay 150,000 won to the claimant at the end of each month from May 28, 1993 to February 26, 1996.

2. The trial costs shall be divided into two parts, one for which they are the claimant, and the remainder for which they are the other party, respectively.

3. Paragraph 1 can be provisionally executed.

The other party shall make a ruling to pay 500,000 won per month to the claimant.

The following facts may be recognized by comprehensively taking into account the following facts: Gap evidence Nos. 1, 2, 3, 9, Eul evidence Nos. 4, 5, and 8-1, 2 Eul evidence Nos. 6, 12-1 through 5, and Eul evidence Nos. 7-1, and Eul evidence Nos. 7-1 through 5, and testimony of new testimony by witnesses. The claimant is a woman who is a mother and the other party, and the above claimant and the other party were born between themselves. Although the above claimant and the other party were legal couple who completed the marriage report on Aug. 6, 1976, they were separated from each other after the other came into office in July of the same year, and the other party filed a divorce lawsuit against the above claimant on Apr. 1, 1992, but the judgment against which the judgment lost was finalized, and the other party filed a divorce lawsuit against the other party in the above claim for divorce on Jun. 6, 1993.

At the time of the closure of the trial of this case, the claimant is a woman who has been 17 years of age and 7 months of age and attended the third grade of Seoul High School, and his parents began to separate as above, and her mother is raising the above applicant. The other party owns the second floor housing and the store located in Seongbuk-gu Seoul Metropolitan Government (number omitted) and leases it, thereby obtaining rent of KRW 200,000 per month. The other party is receiving a little amount of aged rent from the closing association, and the other party is raising the claimant in the first floor of the second floor of the above building and also resides together with the above claimant in the above 0th anniversary of the commencement of his stay with the other party, he was not able to receive a certain amount of money from the above 0th class of the rent of the above building and receive a little amount of money from the other party 200,000 won per month, and the other party 9th class of the above 2nd class of the above 2nd class of the living expenses from the above 10th class of the above Claimant.

According to the above facts, as of the date of the closure of the trial of this case, a minor cannot maintain his/her livelihood with his/her own self or through labor, and the above claimant who currently raises him/her is deemed unable to fully support his/her claimant because he/she has weak economic ability. Thus, the claimant's father as his/her father is obligated to support the claimant until the claimant can maintain his/her own life because he/she has attained majority. As to the degree and method of support, it is reasonable to determine that the other party pays 150,000 won per month to the claimant, considering all the circumstances revealed in the trial of this case such as the degree of living of the claimant, the other party's ability, the circumstances and the phenomenon of the family life of both parties and the above claimant's father

Thus, the other party is obligated to pay 150,000 won as of the end of each month from May 28, 1993 to the end of February 26, 1996, which is obvious that the claimant is the day following the delivery date of the written appeal for this case, and therefore, the other party shall judge as above.

Judges Yoon Jin-Hun (Presiding Judge)