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(영문) 부산가정법원 2016.10.28.자 2016느단2917 심판
양육비
Cases

2016 Doz. 2917 Child Support

Claimant

Kim 00

Seoul Address

Seoul basic domicile

Other Party

400

Busan Address

Standard place of registration

Principal of the case

400

Seoul Address

Standard place of registration

Imposition of Judgment

October 28, 2016

Text

1. The other party shall pay 30 million won to the claimant with 5% interest per annum from the day following the day when the judgment becomes final and conclusive to the day of complete payment with respect to the child support of the principal of the case.

2. The claimant's remaining claims are dismissed.

3. The cost of a trial shall be borne by each person.

4. Paragraph 1 can be provisionally executed.

Purport of claim

The other party shall pay 60,000 won to the applicant for the child support of the principal of the case and 5% interest per annum from the day following the day when the judgment is finalized to the day of full payment.

Reasons

1. Facts

According to the records of this case, the following facts are recognized.

A. The claimant, after reporting the marriage with the other party on 1989, gave birth to the principal of the case.

B. As the claimant and the other party have been separated from the light fire on 1993, the claimant and the other party decided to rear the principal of the case.

C. The claimant later raises the principal of the case alone until the principal of the case becomes adult, and the other party does not have to pay the child support to the principal of the case.

D. The claimant lives with the help of the government due to the lack of economic ability due to traffic accidents and aftermath of traffic accidents, and the other party has no economic ability, and the traffic accident is currently in the hospital's fee.

2. Determination as to the claim for child support

According to the above facts of recognition, the other party is obligated to pay the expenses for fostering the principal of the case as a relative of the principal of the case. In full view of the amount of the child support, the age of the principal of the case, the state of custody, and other circumstances shown in the trial process of the case, the other party shall share the expenses for the past child support for the principal of the case, to be borne by the other party, until the principal of the case becomes adult.

3.0,000 won shall be determined as 3.0 million won.

Therefore, the other party is free to pay 30 million won to the claimant for the past child support of the principal of the case and 5% interest per annum from the day following the day when the judgment of this case is finalized to the day of complete payment.

3. Conclusion

Thus, the claimant's request for a trial of this case is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

Judges

Judges Lee Jae-chul

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