2015 Down 1063 Child support change

(************ 2**********)

Busan

KimB (**************************))

Busan

1. KimCC (********* 3**********))

2. KimD (********* 3*********))

Busan address of the principal of the case

When the place of registration of the case principal is net

November 25, 2015

1. The appeal of this case is dismissed.

2. The cost of the trial shall be borne by the claimant.

From June 2015 to the age of majority, the child support amounting to KRW 400 per person of the principal of the case and KRW 000 per person per person of the case shall be changed to the payment of KRW 1,00,000 per person of the case.

1. The claimant's assertion;

Although the claimant and the other party shall pay 400,000 won per person per head of the case with the child support of the principal of the case in the event of a divorce between the claimant and the other party, they cannot rear the principal of the case only due to the actual position of the claimant, etc., so they shall seek to increase the child support in the amount of KRW 1,00,000 per head of the case.

2. Determination:

A. Facts of recognition

According to the records and the results of the examination of this case, the following facts are recognized.

(1) On June 22, 2002, the claimant and the other party filed a marriage report, and among them, filed a divorce lawsuit against the other party, and they filed a divorce lawsuit against the other party. On April 1, 2014, the claimant and the other party filed a judicial divorce through mediation.

(2) On April 1, 2014, the claimant and the other party decided whether to divorce and the division of property, etc. of both parties and attorneys-at-law in the presence of their defense counsel, and they decided as the person having parental authority and the custodian of the principal of the case as the claimant. The other party adjusted the claimant to pay 400,000 won per person of the case as the child support of the principal of the case.

(3) The claimant filed the instant claim on March 27, 2015, in which case one year has not passed since such conciliation was established.

(4) On the other hand, according to the result of the above conciliation, the other party paid 800,000 won per month to the applicant for the child support of the principal of the case, and paid a considerable amount of expenses for visitation with the principal of the case.

B. Determination

The evidence or explanatory materials submitted by the claimant alone is insufficient to recognize that the contents of the adjustment on the child support of the principal of the case are improper or that there is a special change in circumstances to change the result of the adjustment, and there is no other evidence to recognize it.

Rather, the following circumstances acknowledged by the above facts are: (a) the applicant has sufficient time to consider the child support, etc. in the trial process with the other party; and (b) the applicant has received the counsel's assistance at the time of the above mediation; (c) the applicant has filed a claim for the increase of the child support of this case since it has not yet been long since the mediation was established; (d) the applicant is expected to be able to engage in economic activities again in light of the applicant's age, the period of existence, etc., although the economic condition of the claimant has changed after the above mediation was changed; and (d) other circumstances shown in the records of this case, such as the economic situation and the support of the child support of the other party, etc., within a short period, it is difficult to view that there is any reason to change the child support prescribed by the above adjustment within the period.

3. Conclusion

Therefore, the appeal of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judges Jong-young