1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The Plaintiff’s father, who was the Plaintiff’s father around October 2006, did not support the Deceased by January 8, 2012, where the Plaintiff’s wife and the Plaintiff’s mother C (hereinafter “the deceased”) died, and did not comply with the deceased’s request for reimbursement of hospital expenses and living expenses incurred by the deceased and the Plaintiff. As the Plaintiff, on behalf of the Defendant, paid KRW 20 million in total, such as the deceased’s living expenses and hospital expenses, the Defendant, a person responsible for supporting the deceased, is obligated to reimburse the Plaintiff the said support allowance of KRW 20 million.

2. With respect to the past support allowance among the judged couple, a person eligible for support may claim the support allowance only for the following after the person liable for support has failed to perform the support obligation despite having requested the person liable for support to fulfill the support obligation, but the person liable for support has failed to perform the support obligation, and thus, the person liable for support may claim the payment of the support allowance. Thus, the person liable for support has to pay the past support allowance prior to the request for performance only when the spouse has failed to perform the support obligation despite the request for performance of the support obligation to either of the married couple who is the person liable for support, but if not, the person liable for support has to

Therefore, even though the other party's relative examines and determines the claim for reimbursement of the past support allowance against the other party's husband and wife, the existence of the repayment obligation should be determined in consideration of this point.

(see, e.g., Supreme Court Decision 2011Da96932, Dec. 27, 2012). Then, the deceased’s return to the instant case and the deceased’s failure to prove that the deceased demanded the Defendant, who is a person obligated to support, to perform his/her duty. Furthermore, there is no evidence to acknowledge that the deceased demanded the Defendant, who is a person obligated to support, to fulfill his/her duty to support, and there is a special circumstance to allow the Plaintiff’s claim for payment