beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is the father of C, and the defendant is C and his spouse who married around March 16, 2002.
B. The defendant suffered from the marriage life with C and has two times different lives.
From July 2007, Korea began with C around July 2007, and is now in progress until now.
C. C was hospitalized in a neck hospital affiliated with the Ganman University, after being diagnosed by tuberculosis, etc. around July 30, 2008, around the 30th of the same month, and was hospitalized in a neck hospital affiliated with the Ganman University, and was hospitalized until October 10 of the same year.
For C, from January 22, 2008 to November 21, 2013, the Plaintiff spent KRW 12,614,940,00 for treatment expenses, medicine expenses, KRW 14,50,00 for the local stem cell storage for the future treatment, KRW 897,147, and KRW 1,421,910 for hospital treatment expenses, and rehabilitation treatment expenses, from January 22, 2008 to September 21, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 5, 9 through 12 (including additional numbers), the purport of the whole pleadings
2. Determination:
A. The plaintiff's assertion is the wife of C, and there is the primary obligation to support C.
The plaintiff has a secondary duty to support C. Thus, since the defendant neglected to perform the primary duty to support C and supported C on behalf of the plaintiff, the defendant must pay 35,683,97 won (=12,614,940 won) incurred by the plaintiff to the plaintiff (=12,614,940 won), 897,147 won (1,421,910 won) incurred by the plaintiff.
B. The first legal doctrine on the cause of the claim and the mutual support duty between husband and wife under Article 826(1) of the Civil Act is the essential duty of marital relationship, which guarantees the living of the recipient of support to the same extent as that of the person under duty to support, so that the maintenance of marital life is possible. On the other hand, the support duty borne by the parent for a child of full age as a lineal blood relative under Article 974 Subparag. 1 and Article 975 of the Civil Act is the duty of support corresponding to his/her social status.