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(영문) 부산지방법원 가정지원 2008.11.14.선고 2008드단14912 판결
이혼등
Cases

208Radern 14912 Divorce, etc.

Plaintiff

P (64years No. 64)

Defendant

D.(59 years old, south)

Principal of the case

1. Al (10 years old, 100)

2. A2 (Life in 94 and Female)

Address and place of registration of the principal of the case like the plaintiff

Conclusion of Pleadings

October 17, 2008

Imposition of Judgment

November 14, 2008

Text

1. The plaintiff and the defendant are divorced.

2. The plaintiff's remaining claims are dismissed.

3. A. The plaintiff shall be designated as a person with parental authority and a custodian for the principal of this case. B. The defendant shall pay 300,000 won each month from November 1, 2008 to the date on which the principal of this case becomes an adult.

4. The costs of the lawsuit are assessed against the defendant.

Purport of claim

It is necessary to seek a judgment that the defendant shall be designated as a person with parental authority and the guardian for the principal of the case, such as Paragraph 1.

Reasons

1. Reasons for judicial divorce;

On January 5, 1989, the Plaintiff and the Defendant were legally married couple who completed the marriage report and was in sleeped with the instant principals. The Defendant was engaged in the mechanical processing business, etc. during the marriage life, and was able to directly engage in business, and did not have contact by leaving home around 2005.

[Reasons for Recognition: Each entry (including paper numbers) of evidence A1 to 3, the purport of the whole pleadings

2. Judgment ex officio on designation of persons with parental authority and children and child support;

The plaintiff raises the principal of the case after the withdrawal of the defendant. Since the defendant was more than two years after the withdrawal of the case, the defendant did not contact with the principal of the case but did not contact with the plaintiff, and the plaintiff is aware that he did not understand the principal of the case and was able to see his behavior, the plaintiff is able to understand the behavior of the principal of the case, and therefore he requested the person in parental authority and the guardian of the principal of the case to designate the defendant.

However, according to the records, although the plaintiff is raising the principal of this case in an difficult environment, the plaintiff's assertion that the principal of this case cannot be understood as having the father wanting to grow up with his mind is difficult to understand, and rather, even if it is divorced, it is necessary for the plaintiff to properly act as the father for the mental stability and welfare of the principal of this case, but it is not possible to accept the plaintiff's claim that he will leave his parental authority and fostering of the principal of this case to the defendant under the circumstance where the defendant's parenting environment is not confirmed.

Therefore, for the welfare of the principal of this case, the plaintiff is designated as a person with parental authority and a custodian, and the defendant makes ex officio decisions that it is reasonable to pay 300,000 won per month from November 1, 2008 to the date when the principal of this case becomes an adult.

3. Conclusion

Therefore, the plaintiff's claim for divorce of this case is accepted on the ground of its reason, and the plaintiff is designated as the person with parental authority and the guardian of the principal of this case, and the defendant shall pay the plaintiff the child support of the principal of this case in the amount of KRW 300,000 per month from November 1, 2008 to the date of full adultity. It is so decided as per Disposition.

Judges

final appeal by judges

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