2020 Maz. 200572 (main trial) The change of person with parental authority and custodian

2020 Maz. 201253 Child support

Value

Section B.

C

November 26, 2020

1. The visitation right between the petitioner and the principal of the case shall be determined as follows:

(a) Date;

1) Until July 2021: twice a month, the second and the fourth Saturday 11:00 to 20:00) the principal of the case from August 2021 to the date of his adult.

(A) twice a month, between the second and the fourth Saturday 11:00 to Sundays 20:00

(B) 18:00 on the day of the string of New Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Day from 18:00 to 18:00 on the day’s Day’s Year’s Year’s Year’s Year’s Year’s Day’s Day’s Day’s

(b) Place: The applicant, such as his/her residence, can be responsible for the principal of the case. The method of delivery: The applicant (the other party to the case) takes the principal of the case into his/her residence at the time of commencement of the visitation, and takes the principal of the case again at the same place at the time of termination.

(d)in the event of a temporary change in the above visitation schedule and method, notify each other of such circumstances at least three days prior to the scheduled date of the visitation and adjust the visitation schedule in consultation.

(e) Cautions: The above visitation rights shall be conducted with the top priority given to the welfare and emotional stability of the principal of the case. The other party (the other party) shall cooperate with the claimant (the other party) so that the interview is conducted smoothly, and shall not interfere with the interview of the principal of the case.

2.The other party to the appeal shall be the other party to the appeal.

A. Payment of 10 million won with child support in the past of the principal of the case and 5% per annum from the day following the day this judgment is finalized to the day of full payment;

B. From September 1, 2020 to the day before the principal of the case becomes adult with the child support in the future of the principal of the case, KRW 50,000 per month shall be paid at the end of each month.

3. The claimant's primary claim for adjudication is dismissed;

4. The costs of the trial in combination with the two trials shall be borne by each person.

5. Paragraph 2-b. above may be provisionally executed.

(1) This adjudication: (1) The requester shall be designated as the person with parental authority and custodian of the principal of the case (hereinafter referred to as the "applicant"). The other party (hereinafter referred to as the "other party") shall deliver the principal of the case to the requester and shall pay 120,000 won per month to the child support of the principal of the case. (2) The requester may, as follows, visit the principal of the case: (1) The date 18:00 of the second and fourth Triday; (2) the date 6:0 of the arrival of the child support from the date 1:00 to the date 18:0 of the arrival of the child support; (3) the date 1:0 of the arrival of the visitation; (1) the date 1:8:0 of the visitation; and (2) the date 1:8:0 of the visitation; and (3) the date 1:0 of the arrival of the child; and (3) the date 1:8:0 of the visitation; and (4) the date 1:0) the last day of the visitation.

With respect to this and anti-adjudications, it shall be considered together.

1. Facts of recognition;

The following facts can be acknowledged according to the overall purport of the record and examination of this case.

A. The claimant has been married with the other party on 2016 and is the principal of the case.

B. In the case of an application for confirmation of intention of divorce between the claimant and the other party in Busan Family Court, the agreement was confirmed and reported on December 5, 2017, with the confirmation of intention of divorce. At the time, the applicant designated the person with parental authority and the guardian of the principal of the case at the time, and the other party, from the date following the report of divorce to the date of reaching the majority of the principal of the case at the time of reaching the majority of the principal of the case, a statement of child support burden was prepared to pay KRW 1.2 million per month

C. A petitioner was diagnosed as ○ on February 2019, and filed a claim for the change of a person with parental authority and a custodian with the Busan Family Court 2019-Ma1807, and the court’s decision of recommending settlement became final and conclusive on July 30, 2019, and the person with parental authority and the custodian of the principal of this case changed to the other party.

2. Determination as to the request for this trial

A. With respect to the primary claim, the petitioner has become a situation in which he/she could face without difficulties in daily life and vocational activities through hospitalization and outpatient treatment, and sought a change of a person with parental authority, custodian, delivery of the principal of the case, and payment of child support, alleging that the symptoms have been shown to the extent that he/she could rear the principal of the case. According to the overall purport of the records and examination of the case, the following circumstances, which can be known by the overall purport of the records and examination of the case, are as follows: (i) the change of a person with parental authority and custodian of the principal of the case; (ii) the change of a person with parental authority and custodian of the principal of the case; and (iii) the situation of rearing the principal of the case from February 2019 to the date of the change of the person with parental authority and custodian; and (iv) the other party appears to be relatively stable in the rearing environment of the principal of the case, taking into account the age of the principal of the case, it is difficult to recognize the person with parental authority and custodian of the present principal of the case.

Therefore, a claimant's claim for the change of a person with parental authority and a custodian cannot be accepted, and furthermore, there is no reason to apply for the delivery and child support of the principal of the case on the premise that the person with parental authority and the custodian of the principal of the case are changed to the petitioner. Thus, the petitioner's claim for the

B. As to the conjunctive claim, the claimant has the right to contact with the principal of the case, unless it is contrary to the welfare of the principal of the case. In full view of the age, parenting environment, present situation, etc. of the principal of the case, the visitation right between the claimant and the principal of the case shall be determined as stipulated in Paragraph 1 of the Disposition.

3. Determination as to a request for anti-trial

As the mother of the principal of this case, the claimant is obligated to share the past and future child support from February 2019 to the day before the principal of this case becomes adult.

With respect to the amount of the child support to be shared by the claimant, the amount of the child support to be shared by the claimant shall be determined as KRW 10 million per month and KRW 500,000 per month, taking into account the age, status of custody, economic situation, etc. of the principal of the case, which is known by the purport of the entire records and examination of the case, and the child support to be shared by the claimant, and the other party shall be determined as KRW 50,000 per month. The other party asserted that an agreement was reached between the claimant and the other party to provide the child support to the principal of the case, but the evidence submitted by the

Therefore, the claimant is obliged to pay to the other party for the child support of the principal of this case 10 million won and the damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from the day after the date when this judgment is finalized to the day after full payment is made (the other party claims the payment of the damages for delay from the day after the delivery date of the written appeal of this case, but this part of the claim is not accepted as it is without merit) and to pay 50,000 won per month from September 1, 2020 to the day when the principal of this case becomes adult.

4. Conclusion

The main claim in this case is dismissed as without merit, and the main claim in this case shall be judged as to the conjunctive main claim in this case and the conjunctive claim in this case. It is so decided as per Disposition. Nov. 26, 2020

Discipline decoration for Judges;

1) The application for change of the purport and cause of the claim is described up to 28:00, but it appears to be a clerical error.