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1. The defendant
(a) 53,700,000 won and the interest thereon from the day following the day this judgment becomes final to the day of full payment;
Reasons
1. Facts of recognition;
A. C completed the marriage report with the Plaintiff on November 25, 1998, gave birth to the date E, and given birth to the F date G.
B. On October 1, 2013 and November 1, 2013, the Plaintiff began to doubt that E is one’s own children, and that E is not the Plaintiff’s friendly child.
C. The Plaintiff and C have been married on March 11, 2014, and C has been bringing up for E after the divorce.
At the time of the above divorce, the record of child support liability was prepared with the purport that the Plaintiff shall pay KRW 500,000 per 28th day of each month from the day following the report of divorce with the child support for E and G until the day before E and G reach each adult age.
C A. On January 25, 2017, upon filing a claim against the Defendant for recognition, the judgment that “E is recognized as the natural father of the Defendant” was rendered (Seoul District Court Decision 2016ddan21557) and the above judgment became final and conclusive as it is.
(hereinafter referred to as “instant recognition”). E.
After the Plaintiff was divorced with C, from March 28, 2014 to March 28, 2016, the Plaintiff remitted total of KRW 12 million to C as the child support for E.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-11, the purport of the whole pleadings
2. The assertion and judgment
A. The parent’s duty of care for a minor is based on the nature of the parent-child relationship based on blood relationship, and thus constitutes the primary duty of support regardless of whether the parent has parental authority or right of care, whether the child and the parent’s communal life exists.
(See Supreme Court en banc Order 92S21 Dated May 13, 1994). In this case, the defendant is the first person responsible for supporting the minor before E becomes an adult. The plaintiff is the spouse of C, who is a blood relative of E, and is the second person responsible for supporting the duty under Articles 974 subparag. 3 and 975 of the Civil Act.
In the past, the couple who is divorced from the primary obligation to support minor women.