2011Dhap000 (Counterclaims) Divorce, etc.

Busan Geum-gu 00 Dong 00 00 - 0000 apartment 000 Dong 000

Busan Gangseo-gu, Busan 00 000

Attorney Cho Yong-ok, Counsel for the plaintiff-appellant

Busan Geum-gu 00 Dong 00 00 - 0000 apartment 000 Dong 000

Busan Gangseo-gu, Busan 00 000

Attorney Cho Young-young, Counsel for the defendant-appellant

2. A door00 (a woman of 02 years old);

The address of the principal of the case, Busan Sim-dong 00 - 00 - 00

000 apartments 000 Dong 000

Busan Gangseo-dong 00,000

2. Defendant (Counterclaim Plaintiff) pays 20,000,000 won as consolation money to Plaintiff (Counterclaim Defendant).

3. All of the Plaintiff (Counterclaim Defendant)’s claim for consolation money and claim for division of property, and Defendant (Counterclaim Plaintiff)’s counterclaim are dismissed.

4. To designate the Defendant (Counterclaim Plaintiff) as a person with parental authority and custodian of the principal of the case.

5. A. The Defendant (Counterclaim Plaintiff) pays KRW 7,80,000,00 to the Plaintiff (Counterclaim Defendant) for the past child support of the principal of the case.

B. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the amount of KRW 600,00 per month from September 22, 2011 to October 18, 2020, and KRW 300,00 per month from the next day to June 30, 2022, respectively, to the end of each month.

6. A. The plaintiff (Counterclaim defendant) may, until the principal of the case becomes an adult, exercise his visitation right every month until the principal of the case becomes an adult. Second, on Sundays 11:0 to 17:00.

B. Defendant (Counterclaim Plaintiff) shall actively cooperate with the Plaintiff (Counterclaim Defendant) in exercising the visitation right to the instant principal, and shall not interfere with this.

7. The costs of lawsuit are assessed against Plaintiff (Counterclaim Defendant) and the remainder are assessed against Defendant (Counterclaim Plaintiff).

8. Paragraph 2 can be provisionally executed.

The defendant shall pay 100,000,000 won as consolation money to the plaintiff, and 50,000,000 as division of property.

D. The defendant shall designate the plaintiff as the exerciseer and career of parental authority over the principal of this case.

The Plaintiff’s child support for the instant principal from August 1, 2010 to October 18, 2020,000

The payment shall be made in 700,000 per month from the following day to June 30, 202.

Counterclaim: The plaintiff and the defendant shall be divorced. The person in parental authority and the person in custody of the principal of the case shall be the defendant.

c. From August 1, 2010 to October 18, 201, the Defendant’s child support for the principal of the case.

1, 400,00 won each, and 700,000 won each month from the next day to June 30, 2022 shall be paid by the plaintiff, if any.

When the payment of the above child support is delayed at least once, the remaining child support remaining after loss of benefit within the deadline;

All the sum shall be paid at once.

1. Determination on the claim for divorce and consolation money

A. The plaintiff and the defendant completed the marriage report on July 25, 200, and have the principal of the case as his child.

(2) After the marriage life and breakdown (A) around 196, the Defendant got divorced from Jeonnam, and lived with the Plaintiff on Jan. 15, 200, while living together. (b) The Plaintiff was on a monthly salary of 100,000 won until January 2003 while serving as beauty artist, and was paid a monthly salary of 1.8 million won or KRW 2 million from January 2004 to January 2008. (c) The Defendant was on a rent of 20 million to 00,000 won, after deducting the Plaintiff’s income from 00,000 won or KRW 1.5 million from 0,000,000,000,000,000 won or more from 0,000 won or more from 20,000,000 won or more from 0,000 won or more from 20,000 won or more from 0,000 won.

E) On July 7, 2010, the Plaintiff observed that the Defendant had been drinking at the her mother’s house with 00 drinking houses, and filed the instant lawsuit, and the Defendant did not enter the house around that time, and is living together with the Defendant’s mother’s mother.

F) Although the Plaintiff currently raises the principal of the case, there are cases where only the principal of the case is left alone due to the lack of house, and the Defendant purchases prepared articles, clothes, etc. of the principal of the case while frequently communicating with the principal of the case. (3) The period of separate occupation and present situation: The Plaintiff and the Defendant are currently in separate occupation from July 7, 2010 to the present, and both the Plaintiff and the Defendant want divorce.

[Ground of recognition] A without dispute, Gap evidence 2-1, 2-3, Gap evidence 4-1, 2, Gap5-8, Eul evidence 7, Eul evidence 8-1 through 3, Eul evidence 9-1, 2, Eul evidence 10-1 through 3, Eul evidence 10-1, Eul evidence 11, investigation and reporting by family affairs investigators, the purport of the whole pleadings.

B. Judgment on the plaintiff's claim for divorce and consolation money (1) divorce: 20,000,000 won for the plaintiff's claim for divorce on the grounds of Article 840 (1) and (6) of the Civil Act

[Grounds for Determination] 1 ① Bankruptcy Recognition. Considering the above fact of recognition and the fact that both the plaintiff and the defendant want to proceed to divorce and that the marriage is reached to the extent that the marriage can not be recovered, etc.

② The fundamental and principal responsibility for failure: The above fact of recognition, in particular, the defendant committed an unlawful act while working in a drinking house without knowledge of the plaintiff, even though the plaintiff failed to fully pay the plaintiff's living expenses, such as the school expenses of the principal of this case, such an act is an act in excess of the permissible range in a married life between the couple, and the defendant has caused the failure to recover the married life with the plaintiff to the extent that it could no longer be recovered, and all other circumstances are considered.

(3) The amount of consolation money shall be determined as KRW 20 million in consideration of the marriage period of the Plaintiff and the Defendant, the circumstances leading up to the failure of the marriage as seen earlier, etc.

C. Judgment on the defendant's counterclaim divorce claim

The defendant asserts that the plaintiff neglected the operation of the beauty room and did not have the revenue from sending time to the house, and that the defendant raised the principal of the case, maintained his livelihood with the money, and purchased the apartment. As such, the plaintiff's mistake, which appears to be the most responsible form, failed the marriage, and this constitutes a cause for judicial divorce under Article 840 (2) and (6) of the Civil Act, and thus, a divorce is sought as a counterclaim.

However, each statement in the evidence Nos. 12 through 15 alone is insufficient to acknowledge the above assertion by the defendant, and there is no other evidence to acknowledge it. Rather, as seen earlier, the principal liability for failure of marriage is against the defendant, so the defendant's counterclaim for divorce is without merit.

D. Sub-committee

Therefore, the plaintiff and the defendant are divorced by the principal lawsuit, and the defendant is obligated to pay the plaintiff 20,000,000 won as consolation money to the plaintiff.

2. Determination on the claim for division of property in the principal lawsuit

A. The plaintiff and the defendant started a new life at the home of the plaintiff's mother at the time of marriage. The plaintiff worked as a beauty artist and received monthly salary of one million won from January 2004 to January 2008, and received monthly salary of one million to two million won from January 2008. (2) The defendant, as the plaintiff's income of the case, was insufficient in the plaintiff's private teaching institute expenses and living expenses, was 1.5 million won per month since the defendant's private school expenses and living expenses were 1.5 million won per month. Among the above, the defendant had been working at drinking house for about six years to 1 million won, and 4 million won per month was appropriated for the plaintiff's private teaching institute expenses and the principal of the case, and the defendant purchased the above 1.6 million won on June 3, 2000 and 1.6 million won on June 4, 2009.

(4) On February 3, 2008, the Plaintiff operated a beauty art room with the trade name of 10 million won, premium of 10 million won, premium of 60 million won, monthly rent of 4 million won, "in exchange for 4 million won," but the Plaintiff was well aware of its business on January 3, 2010, after deducting the overdue rent from the deposit amount of 2 million won. (5) On July 3, 2010, the Plaintiff and the Defendant received the remainder of 00 million won from the purchaser of the above Busan Geum-gu, Busan, Busan, and 00 - KRW 250 million, KRW 500,000,000, KRW 500,000, KRW 300,000, KRW 500,000, KRW 500,000, KRW 500,000, KRW 305,00,00.

[Ground of recognition] The facts without dispute, Gap 12 evidence, Gap 13 evidence 1 through 6, Eul 1, 2 and 5 evidence, investigation and reporting by family affairs investigators, the purport of the whole pleadings.

B. The plaintiff's assertion and judgment

The plaintiff owned 0000 apartment units, 000 apartment units, 000 apartment units, and 0000 apartment units, but the shipping company's 000 apartment units were sold at premium and received 70 million won, and disposed of 000 apartment units, and 000 apartment units were also concealed property by changing the name of his fault. Thus, the plaintiff should additionally receive 50 million won as property division in addition to the amount that the plaintiff disposed of 000 apartment units, 000 apartment units, 000 apartment units, and 000 apartment units.

According to the evidence evidence No. 16, the defendant, on July 2, 2008, transferred the registration of ownership transfer on the ground of voluntary auction 00,000 apartment units 00,000,000, but the defendant's erroneous payment on July 9, 2010. However, it is insufficient to recognize that the above apartment units are included in the property division subject to the case, or that the defendant concealed the proceeds of the disposal of the apartment unit, etc., and there is no other evidence to acknowledge it. Rather, the defendant's loan of 16, 17-1, 18-20, 21-1, 200, 200, 100,000,000,000 won paid for the above apartment units under the name of the defendant's 16,000,000,000,000 won for the above apartment units, and 10,000,000,000 won for the defendant's auction.

3. Determination on the designation of a person with parental authority, custodian, and child support for the principal lawsuit and counterclaim

(a) Designation of a person with parental authority or custodian;

As seen earlier, taking into account the following circumstances: (a) the principal’s marital life and distress situation; (b) the principal’s age; (c) the principal’s age; and (d) the Plaintiff brought up the principal of the case after his stay with the Defendant; (b) the Plaintiff’s working environment, parenting environment, import, etc., it would be more desirable for the Defendant to bring up the principal of the case; and (c) the principal of the case wishes to live together with the Defendant; and (d) the designation of the Defendant as a person with parental authority and custodian for the principal of the case is reasonable for the smooth growth and welfare of

B. (1) Future child support: From August 1, 2010 to September 21, 2011, which was after the defendant did not pay the child support to the plaintiff: 7,800,000 won as a child support between 13 months and September 21, 201, the day before the defendant raises the principal of the case ( = 600,00 won x 13 months x 2) future child support: From September 22, 2011, when the defendant raises the principal of the case to October 18, 202, the principal of the case from September 22, 201 to October 18, 202, the amount of 600,000 won per month, and from the next day to September 30, 200 before the principal of the case reaches the age of majority, the amount of money to be paid to the principal of the case as well as the amount of money to be paid to the principal of the case as the last day of each month.

C. Interview (ex officio determination) The plaintiff, a person in parental authority and guardian of the principal of this case, has the right to interview the principal of this case, so long as the defendant was designated. In full view of the facts recognized as above and the age, gender, living environment, present situation, etc. of the principal of this case, determination of the frequency, time, and method of the visitation right is reasonable for the psychological stability and welfare of the principal of this case, and the defendant shall actively cooperate in the exercise of the visitation right to the principal of this case for the emotional stability and welfare of the principal of this case, and shall not interfere with this.

4. Conclusion

Therefore, the plaintiff's divorce and the claim for consolation money within the scope of the above recognition are accepted for each of the reasons, and all of the plaintiff's remaining claims for consolation money, division of property, and the defendant's counterclaim divorce are dismissed for lack of reason. It is so decided as per Disposition with regard to each person with parental authority over the principal lawsuit and counterclaim and the claim for child support.

Judges Kim Young-young

Judges White-in-law