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(영문) 춘천지방법원강릉지원 2019.08.20 2019가단31890
부당이득금
Text

1. The Defendant’s KRW 89,027,690 for the Plaintiff and its related KRW 15% per annum from April 11, 2019 to May 31, 2019, and June 1, 2019.

Reasons

1. Facts of recognition;

A. After a marriage on September 3, 1987, the Plaintiff and the Defendant agreed to determine the person with parental authority and the custodian of D born while applying for confirmation of intention of divorce with the Chuncheon District Court Decision 2013No.90, the East Sea Court, as the defendant. In the above application case, the child support protocol was prepared on August 13, 2018, stating that “the Plaintiff shall pay 1.5 million won per month from the day following the filing of a divorce with the Defendant for the child support of E to the day before E reaches the majority.”

B. The Plaintiff and the Defendant completed the report of divorce on August 13, 2018, and the Plaintiff paid total of KRW 89,027,690 to the Defendant as child support until September 2018, and the Defendant is fostering E until the date of closing the argument in this case.

C. On October 17, 2018, the Plaintiff filed a lawsuit of denial of paternity against E on October 17, 2018 with the Chuncheon District Court Branch of 2018Ddan31634, and the genetic test result pursuant to the above court’s order of inspection was found not to have been established between the Plaintiff and E, and the judgment of denying E as the Plaintiff’s natural father was finalized on January 11, 2019.

[Grounds for Recognition: Evidence Nos. 1 through 3 (Partial Serial omitted), Evidence No. 1-3, and the purport of the whole pleadings]

2. According to the above facts of recognition as to the cause of the claim, the judgment that E is not the Plaintiff’s natural father, and the final judgment became final and conclusive, E is deemed not to have any relationship between the Plaintiff and the Defendant, and only has a legal obligation to support E, who is the father and the Defendant, after the divorce between the Plaintiff and the Defendant, and there is no legal obligation to support the Plaintiff, which is not the father and the Defendant, and thus, the Defendant would have earned benefits by receiving KRW 89,027,690 from the

Therefore, the Defendant calculated the Plaintiff’s unjust enrichment amounting to KRW 89,027,690 and damages for delay calculated from April 11, 2019, after the delivery of a copy of the instant complaint, at the rate of the Special Act on the Promotion, etc. of Legal Proceedings.

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