2020 Maz. 201058 Child Support

A

Section B.

C

November 2, 2020

1. The other party shall pay to the claimant the amount of KRW 10 million with the rearing expenses of the principal of this 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.

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

The other party shall pay 76 million won to the claimant for the past child support of the principal of this case and 12% interest per annum from the day following the delivery of the copy of the written appeal of this case to the day of complete payment.

In full view of the records and the overall purport of the examination of the case, the following facts are acknowledged.

In other words, after completing the marriage report on 1998, the claimant and the other party had the principal of the case under the chain. The two persons agreed upon the person in parental authority and the person in parental authority of the principal of the case as the other party, but they changed the person in parental authority and the person in parental authority of the principal of the case to the claimant due to the changed judgment on 2010. Meanwhile, the claimant married with the principal of the case on 2011, and the decision was dissolved after adoption of the principal of the case on 2020.

According to the above facts of recognition, the other party is obligated to share the child support for the past during the period in which the claimant was a custodian of the principal of the case. The claimant asserted that the claimant agreed to otherwise determine the person in parental authority of the principal of the case as the other party and the custodian as the other party, but there is no evidence to acknowledge it. Meanwhile, even though the claimant decided to waive the right to claim the child support, it is contrary to the good faith principle, but it is insufficient to recognize the claim of this case only with the statement in the document in

Furthermore, with respect to the amount of child support to be shared by the other party, all the circumstances revealed in the examination of the instant case, including health class, the age and status of custody of the principal of the instant case, and the period when the claimant raises the principal of the instant case alone, and the principal of the instant case was defined as a whole from March 2012. In both cases, even if the relationship of relatives before adoption exists, in principle, they shall be held liable for parental authority and custody, and the amount of the past child support to the other party in lump sum may be contrary to the good faith or the principle of equity. In full view of these circumstances, it is reasonable to determine the past child support expenses to be borne by the other party in KRW 10 million to be borne by the other party. Thus, the claim of the instant case shall be determined as above, and the judgment is made as per the Disposition

Judges Don-Support