2011. dump000 Corresponding, etc.

1. Males (maths in 94);

Legal representative mother 00

2. 00 ( Womens of 55 years old);

Article 00 ( Males who have 62 Years)

December 23, 2011

January 6, 2012

1. The plaintiff is recognized as the natural father of the defendant.

2. The plaintiff shall be designated as a person with parental authority and a custodian of the plaintiff 000.

3. The defendant shall pay 15 million won to the plaintiff 000 child support for the plaintiff 15 million won.

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

5. Paragraph 3 can be provisionally executed.

The order 1, 2, and 1 million won shall be paid to the plaintiff 000 on the last day of each month from December 2014 following the day following the delivery of a copy of the complaint for the child support of the plaintiff 000.

1. Facts of recognition;

A. Plaintiff 00 produced Plaintiff 000 on December 1994 while the married Defendant, who was a married person, was living together with the Defendant, on or around 1991. However, Plaintiff 00 did not register Plaintiff 00 on the Defendant’s family register but registered Plaintiff 00 on the Plaintiff’s family register as the person of father’s disturbance.

B. Around August 1995, Plaintiff 00 agreed to the effect that “Plaintiff 00 already received 28 million won or more from the Defendant as a solatium for child support, and that “Plaintiff 00 already received 60 million won or more from the Defendant as a solatium for child support, the sum of the child support and consolation money shall be paid 28 million won, but the said money shall be paid 0 million won and all of the personal relations of Plaintiff 00 and the Defendant shall be cut off.”

C. Meanwhile, according to the results of the genetic testing conducted by the plaintiff 000 and the defendant, the probability that the defendant will become the friendship of the plaintiff 000 is more than 9.9%.

D. At present, Plaintiff 00 is being tight School student in the public book, but Plaintiff 000 was placed as aground in the South East East Eastern House with Plaintiff 000 due to the lack of financial resources. On the other hand, the Defendant, up to the day immediately before the lawsuit was filed, was Busan 00-0 square meter and its ground-based first floor and multi-household housing with the second floor above ground.

At present, it was owned by the owner, and at the Busan 00-Gu000000 0,00000, which is owned by the owner, Busan 000 m2 (130.595m2).

[Ground of recognition] Evidence A 1 to 6, Evidence B 1 to 1 (including each number), family investigation report prepared by family investigation officers, the purport of the whole pleadings

2. Determination

A. Determination on the claim for recognition

According to the above facts of recognition, since the plaintiff 000 is the natural father of the defendant born between the plaintiff 000 and the defendant, the plaintiff 000's claim for recognition of this case is justifiable.

B. Determination on claims for designation of parental authority holders and custody holders

Considering the aforementioned circumstances, taking into account the details of Plaintiff 00’s birth and fostering, the Plaintiff 00 and the Defendant’s internal ability to live, it is reasonable to designate Plaintiff 00 as the exerciseer of parental authority and the guardian of the Plaintiff 000 for the sake of smooth growth and welfare of Plaintiff 00.

C. Determination on the claim for child support

As the plaintiff 00 et al. brought up the plaintiff 000, the defendant, the father of the plaintiff 000, is obligated to pay part of the child support to the plaintiff 000.

Meanwhile, considering the relationship with the Plaintiff 00 and the Defendant, and the Defendant’s continued refusal to pay the child support, it is reasonable for the Defendant to pay the child support in lump sum. The amount of the child support to be borne by the Defendant, including the Plaintiff 00 and the Defendant’s property and income level, Plaintiff 00’s age and status of custody, Plaintiff 00 already received the amount from the Defendant around August 1995, and other circumstances indicated in the trial process of the instant case, the amount of the child support to be borne by the Defendant is determined as KRW 15 million in total from January 201 to December 2014, the day before the instant lawsuit was filed, from January 201 to December 2014, the day before Plaintiff 00 becomes adult.

In regard to this, the defendant's claim for child support is unjustifiable since the plaintiff 000 was paid 28 million won by the defendant around August 25, 1995 and the defendant did not claim more than 28 million won with respect to the plaintiff 000. Thus, the defendant's claim for child support is asserted to be unjust. Thus, the defendant's claim for child support cannot be seen as being unjust. Thus, if the parties agreed to the above purport after consultation with the plaintiff 00 and the defendant made an agreement with the above purport, the family court can change the matter if it is deemed unfair in light of all the circumstances after the parties agreed to determine the matter concerning child support and then claims for change of the matter to the family court, and the family court can change it only when there is a special change in circumstances after consultation (see Supreme Court Decision 90Meu000, Jun. 25, 1991). Thus, even if the parents agreed to waive the child support claim between them, the above agreement cannot affect the plaintiff 00's claim for child support.

3. Conclusion

Therefore, the plaintiff 00's claim for recognition is accepted on the grounds of its reasoning, and it is so decided as per Disposition with regard to the designation of the parental authority holder and custodian and child support claim by the plaintiff 000.

Judges Yoon Jinari