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(영문) 의정부지방법원고양지원 2015.01.16 2014가합52490
구상금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. On April 19, 2010, the Plaintiff married with the network D, and the Defendants are the parents of the network D.

The Network D was judged to be pulmonary cancer around December 2010, and around July 201, and died on August 27, 2013.

The network D had no particular income since January 201.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion 1) The Network D did not receive 8 months after marriage, and did not receive any income from the oral cancer diagnosis. The Plaintiff supported the network D, but the network D supported only 2 years and eight months and eight months of his/her illness. The mutual support duty between husband and wife is the primary support duty, and the parent’s duty of support as a lineal blood relative for his/her adult child is not the secondary support duty, but the secondary support duty is not the primary support duty to the extent that the primary support duty does not significantly exceed his/her ability. In such a case, the second support duty is the duty to support the network D. The Plaintiff supported the network D beyond the Plaintiff’s ability, and the Defendants are obliged to pay the amount paid by the Plaintiff to the Plaintiff beyond the Plaintiff’s ability. (2) The Defendants, co-inheritors, as they are co-inheritors, should pay the card price, loan, etc. corresponding to their shares in inheritance.

3) The Defendants did not assist the Plaintiff in supporting the network D while the Plaintiff supports. Rather, the Plaintiff neglected the duty to treat the Plaintiff, and sold only insurance money to a person who wants to give more attention, and the Plaintiff received emotional distress or mental shock that is difficult to recover due to verbal abuse and false fact-finding by the Defendants, and thus, should pay consolation money. (B) Determination 1) Determination on the claim for reimbursement of support fees between husband and wife under Article 826(1) of the Civil Act is essential in marriage.

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