2017 Dives 200625 Child support

A

Section B.

1. Sick:

2. Fixedness;

1. On June 13, 2016, the content of the record of child support payment as of June 13, 2016 in the case of an application for confirmation of intention of divorce between the claimant and the other party shall be modified as follows:

The other party shall pay 4,50,000 won per person of the principal of the case from August 1, 2018 to the day before the principal of the case reaches each adult age to the child support of the principal of the case.

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

The other party shall pay to the claimant KRW 1,038,60 per month from the day after the delivery of the written appeal for this case until January 25, 2028, and KRW 519,300 per month from the following day to May 25, 2030.

1. Facts of recognition;

According to the records of this case and the purport of the whole examination, the following facts are recognized:

A. On July 23, 2007, the claimant and the other party reported their marriage, and the principal of the case was his child.

B. Around February 2016, the claimant and the other party drafted a divorce agreement with the content of “1. The claimant and the other party shall be divorced. 2. The other party shall be determined as the person with parental authority and the custodian of the principal of the case. 3. The child support until the principal of the case attains majority shall be fully borne by the claimant.”

C. On February 19, 2016, A and the other party mother A shared the amount to be paid and paid by the claimant under the above paragraph 1, 2, and 3 of this Article, and the claimant recognized that the total amount is KRW 50 million. 5. However, if the claimant complies with the agreement of divorce, A shall not be held liable for all matters which were in a marital relationship with the claimant and the other party, and A shall not claim the amount under the above paragraph 4, but if the agreement is not in compliance with the agreement of divorce, the claimant shall not object to the claim of the amount under the above paragraph 4 of this Article, and if the agreement is not in compliance with the agreement, the claimant shall not object to the claim of the amount under the above paragraph 4 of this Article, and shall entrust the other party with parental authority and custody rights

D. On June 13, 2016, in the case of an application for confirmation of intention of divorce between the claimant and the other party, the record of the child support burden was prepared as the claimant bears the child support of the principal of the case on June 13, 2016. On August 5, 2016, the claimant and the other party have divorced after filing a report of divorce by agreement.

E. From March 23, 2016 to March 4, 2017, the claimant, while serving as a marina, received benefits of KRW 1,400,00 per month while working as a marina in the skin management shop. The claimant’s pay cannot cover educational expenses, medical expenses, etc. of the principal of the case, and thus, raised the principal of the case by receiving economic support from the parent.

F. On March 6, 2017, the claimant was diagnosed as a serious occupational career certificate and received several subsequent hospitalizations, and the parent of the claimant spent the amount of KRW 150 million as medical expenses. The claimant cannot engage in economic activities due to the above disease, difficulty in daily life, and receives KRW 921,400 per month as the cost of basic livelihood benefits and the cost of basic housing benefits from around November 2017.

G. On August 29, 2013, the other party owns land and buildings acquired in Yangsan City with a maximum amount of KRW 440 million, and the said real estate with a maximum amount of KRW 117 million is set up. The other party opened a singing room around July 2017. According to the other party’s assertion, monthly income is KRW 1 million.

2. Determination

(a) Necessity to change child support

According to the provisions of Article 837 (1) and (2) of the Civil Act, the parties to a divorce shall determine the matters concerning the fostering of the person by consultation, and if the parties fail to reach an agreement or are unable to reach an agreement, the Family Court shall, at the request of the parties, determine the matters necessary for the fostering of the person, by taking into account the age of the person, the financial status of his parents and other circumstances, and change or take other appropriate measures at any time. Any change in matters necessary for the fostering of the person determined by the Family Court pursuant to the above provisions shall be possible not only in cases where there is a special change after the original decision but also in cases where it is deemed that the original decision was unfair in light of the circumstances stipulated in the above Article 837 (1) and (2). Even in cases where the parties requested a change in the matters after deciding the matters concerning the fostering of the person, the Family Court may change such matters if it is deemed unfair in view of the overall circumstances stipulated in the above Article 837 (see, e.g., Supreme Court Decision 90Meu69

According to the facts acknowledged earlier, the claimant did not waive the other party's claim for child support instead of receiving property or a lump-sum child support from the other party, but did not claim the child support instead of being exempted from the other party's parent's debt. The above debt is likely to be viewed as a joint debt of the married couple because the claimant incurred during the course of operating a marina branch shop during the marriage period. The claimant did not have any particular property at the time of divorce, work as a marina branch assistant at the time of divorce, and was paid a monthly amount of KRW 1.4 million, and it was difficult for the claimant to rear the principal of the case only with the applicant's financial support. The claimant raised the principal of the case with some economic support from the parent, which cannot perform economic activities on March 2017, and accordingly, the claimant's parent's child support was fully borne by the claimant's mother's child support, and it should be acknowledged that the other party's financial condition should have been borne by the other party's child support from the beginning.

(b) Time and amount of payment of child support;

Considering the various circumstances, such as the age, occupation, import, property, health, age of the principal of the case, custody status, and the fact that the other party could rear the principal of the case without claiming the child support, if the principal of the case is changed to the custodian of the principal of the case, the other party shall be determined to pay 450,000 won per person per month of the principal of the case from August 1, 2018, which is the month following the month in which the date of the adjudication of this case belongs to the applicant, until the day the principal of the case

3. Conclusion

In order to judge the claim for the child support of the claimant as above, the court shall judge as above.

July 27, 2018

Magrenam