(영문) 울산지방법원 2017.12.20 2017가합20049

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(영문) 울산지방법원 2017.12.20 2017가합20049

청구이의

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Although the Defendant gave birth to D(E) between the Plaintiff and the Plaintiff in an internal relationship, the Plaintiff did not recognize the said D as a person other than marriage and did not form a father-child relationship between the Plaintiff and D.

B. On August 29, 2014, the Plaintiff prepared a notarial deed (No. 353, No. 353, No. 2014, No. 353, No. 2014, hereinafter “notarial deed of this case”) in order to clarify the amount of the obligation to pay child support to the Defendant and D to be borne by the Plaintiff.

The main contents of the notarial deed of this case are as follows:

Article 1 of the Notarial Deed of Debt Repayment Contract acknowledges that the defendant has a debt of KRW 240,00,000 against D as the child support agreement amount to KRW 240,00,000, and offered to pay the debt in accordance with the following provisions, and the defendant accepted this.

Article 2 (Period and Method of Payment) The repayment rate of KRW 1,00,000 shall be 240,000 each time from March 7, 2015 to February 7, 2035.

Article 5 (Compensation for Delay) (Compensation for Delay) If the Plaintiff delays the repayment of the above money, the damages for delay calculated at the rate of 12% per annum on the delayed amount shall be paid to the Defendant.

C. On June 13, 2017, the Plaintiff filed an appeal for the change of child support with the Defendant as the other party and the Defendant as the principal of the case D, Ulsan District Court 2017 Madan5129, but the said court dismissed the Plaintiff’s appeal for the change of child support on November 6, 2017, on the ground that “the Plaintiff did not recognize D as a person other than a marriage, and thus was not a father-child relationship with the Plaintiff, and thus, the Plaintiff cannot be deemed a parent of D, and thus, the Plaintiff did not appeal and the said judgment became final and conclusive at that time.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, significant facts in this court, purport of the whole pleadings

2. Determination

A. As of the Plaintiff’s assertion, the Plaintiff’s economic situation and the money that the Plaintiff donated to the Defendant.

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