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(영문) 서울고법 1987. 2. 23. 선고 86르313 제1특별부판결 : 상고
[이혼및위자료등청구사건][하집1987(1),502]
Main Issues

Examples attached to the request for designation of a custodian;

Summary of Judgment

The case holding that, upon receiving the request for designation of a person to be reard by the mother, the father may live together for a fixed period each year until the person to be reard becomes adult, and may visit once a month, and the mother shall send the person to be reard and participate in the noble events every year.

[Reference Provisions]

Article 837 of the Civil Act

청구인, 피항소인

Claimant

A respondent, appellant or appellant

appellees

Judgment of the lower court

Seoul Family Court (86D5254 delivered by the Seoul Family Court)

Text

1. The respondent's appeal against the divorce and consolation money portion of the original adjudication shall be dismissed;

1.The designated portion of the original adjudication shall be modified as follows:

The claimant shall be designated as the rearing of 1 (the date of March 29, 1979) other than the claimant's claim, and the respondent shall be appointed as the rearing of 1 (the date of March 29, 1979), but the respondent shall live together with 1 other than the claimant's address one week from the first Sundays of January and August every year during the school of the non-claim 1's address until the non-claim 1 reaches gender governance, and the respondent shall visit 1 to the applicant's domicile on the third Sundays and on the New Year's Day (the 1st day of January) and on the New Year's Day, send 1 to the respondent's family, and have him attend the same time and on the New Year's Day.

3. Expenses for appeal shall be borne by the appellee;

Purport of claim

The appellant and the appellee shall be divorced.

The claimant and one other than a claim born between the claimant and the appellee shall be brought up by the claimant.

The respondent shall pay 30,00,000 won to the claimant and 5% interest per annum from the day after the copy of the written appeal is served to the full payment system.

The trial expenses shall be borne by the respondent and a provisional execution on the part of the claim.

Purport of appeal

Among the original adjudication, the part against the respondent shall be revoked, and the claimant's claim shall be dismissed.

Litigation costs shall be assessed against all of the petitioners in the first and second instances.

Reasons

1. The reasons why a member of the party regarding the claim for divorce and consolation money among the claims of this case are stated in the reasoning of the original adjudication, except for adding some of the testimony of non-party 2 and 3 to the non-party 2 and the non-party 3 of the original adjudication, and therefore, it shall be cited in Article 9 of the Family Trial Act, Article 13 of the Personnel Litigation Act, Article 390 of the Civil Procedure Act.

2. Judgment on the request for designation of a custodian;

In light of the above evidence and the purport of the oral argument in the statement in the statement in No. 9-1, No. 9-2, and No. 10 of No. 10, the plaintiff and the defendant, who reached the settlement of the marital relationship between the plaintiff and the defendant, did not enter into an agreement as to who will raise one child born between the plaintiff and the defendant, and no longer have been able to reach an agreement. Thus, it is reasonable to determine the matters concerning fostering non-party No. 1 by judgment. In light of the whole purport of the oral argument in No. 1, No. 9-2, and No. 10 of No. 10, the non-party No.

However, it is not desirable for non-party 1 to grow properly, on the other hand, on the other hand, because the long side of the side and the part of the father's territory of the country of the claim are no longer appropriate for the proper growth of the non-party 1, the respondent is living together with the non-party 1 in one week from the first Sundays of January and August every year until the non-party 1 reaches his domicile until he reaches his majority, and the respondent visits the non-party 1 in his domicile to the applicant's domicile on the third Sundays of each month, and the respondent visits the non-party 1 to the applicant's domicile on the New Year's Day and Year's Day by sending the respondent 1 to the respondent, and it is considered necessary for the correct growth of the old-age and the old-age child's right growth.

3. Conclusion

Therefore, in the petitioner's claim for divorce and the claim for consolation money, the respondent is obligated to pay the claimant the above 10,000,000 won and damages for delay at the rate of 5% per annum of the Civil Law as the petitioner seeks from October 8, 1986 to the full payment (the petitioner claimed damages for delay from the day following the delivery date of the petition for appeal, but it is reasonable for the respondent to resist about the existence and point of the above respondent's obligation to pay consolation money, and this part is groundless). The remaining part shall be cited as the ground for appeal, and the remaining part shall be dismissed as it is just and without merit, and the appeal against the above part shall be dismissed as it is without merit, and since the appeal against the plaintiff's claim for divorce and consolation money is unfair as the plaintiff's appeal against the plaintiff's above part is made differently from the party member's conclusion, it is so modified as to be so decided as per Disposition 2, and the expenses as per Disposition against the respondent shall be borne by the respondent.

Judges Yoon Sang-sung (Presiding Judge) (Presiding Judge)

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