Busan Address

Reference domicile:

Attorney Lee Do-young

Attorney Lee Jae-soo

GB (***************************))

Busan Address

Reference domicile:

2. The defendant shall pay the plaintiff 30,00,00 won as consolation money, and 5% per annum from July 12, 2015 to April 7, 2016, and 15% per annum from the next day to the day of full payment.

3. The defendant pays to the plaintiff 140,000,000 won as division of property and 5% per annum from the day following the day when this judgment became final and conclusive to the plaintiff.

4. One-fifth of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

5. Paragraph 2 can be provisionally executed.

A. Facts of recognition

1) The Plaintiff and the Defendant are legal couple who completed the marriage report on May 4, 1978.

2) On April 8, 2015, the Defendant: (a) was a woman operating a general restaurant at the above women’s house until the end of 2015; (b) and (c) became an illegitimate male, such as lodging at the above women’s house; and (c) in the process, the Defendant was arrested as a flagrant offender on June 8, 2015, on the grounds that the said female was seeking to adjust the relationship with the Defendant.

3) The Plaintiff and the Defendant have been separate from June 3, 2015 to June.

[Ground of recognition] Each entry of Gap evidence 1, 2, and 5 (including number number; hereinafter the same shall apply), family investigation report, and the purport of the whole pleadings

B. Determination

1) Divorce claim: there are reasons under Article 840(1) and (6) of the Civil Act.

2) Claim for consolation money: 30,000,000 won

[Grounds for Determination]

① Recognition of the failure of marriage: The Plaintiff sought a divorce by the instant lawsuit, and the Defendant asserted that it does not want the divorce, but did not make any effort to recover the relationship, such as continuing misconduct, while the instant lawsuit is pending, taking into account various circumstances, including the Plaintiff and the Defendant’s separate living for a considerable period until now.

(2) The Defendant is mainly responsible for the failure of the marriage: In light of the following, as revealed in the above facts of recognition, the Defendant committed an unlawful act, thereby significantly losing the difficulty and trust between the couple, and even thereafter, efforts to recover the Plaintiff’s trust and to continue the marriage are not made to make a reflective effort to maintain the marriage, the fundamental and main responsibility for the failure of the marriage lies in the Defendant.

③ The obligation to pay consolation money and the amount thereof: The Defendant is obligated to pay consolation money for mental suffering suffered by the Plaintiff due to the failure of the marriage. The amount was determined by taking into account all the circumstances revealed in pleadings, such as the original person and the degree of liability of the Plaintiff due to the failure of the marriage, the marriage period of the Plaintiff and the Defendant, the age, occupation, and economic power as seen earlier.

C. Sub-determination

Therefore, the plaintiff is divorced from the defendant, and the defendant is obligated to pay to the plaintiff the consolation money of 30,000,000 won and damages for delay calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 12, 2015 to April 7, 2016, which is the day following the delivery date of a copy of the complaint of this case, as requested by the plaintiff.

2. Determination on the claim for division of property

A. Details about the formation of the property;

The defendant was driving a private taxi since around 1992, and the plaintiff was in exclusive charge of raising domestic affairs and children.

(b) Property subject to division;

1) Plaintiff’s active and negative property: None of the following:

2) Defendant’s active property

(A) Busan*** the Gu*** the Gu*** the Gu** the one other******* apartment head*** apartment head** such head**

270, 000,000

B) Private taxi license 80,000,000 won

3) Defendant’s small property: None of the following:

(c) The value of property to be divided;

1) Plaintiff’s net property: 0 won

2) Defendant’s net property: 350,000,000 won ( = 270,00,000,000 + 80,000,000 won)

3) Total amount of net property: 350,000,000

[Grounds for recognition] The descriptions of Gap evidence Nos. 3, 4, and 6, and the purport of the whole pleadings

(d) Ratio and method of division of property;

1) Division ratio: Plaintiff 40%, Defendant 60%

[Ground of determination] The degree of contribution of the Plaintiff and the Defendant to the formation and maintenance of the property subject to division as seen above, and other circumstances shown in the argument of this case, such as the process, period, reason for failure of marriage, the original and defendant's age, future income activities, etc.

2) Method of division of property: The Defendant’s payment to the Plaintiff of the shortage of the amount to be reverted to the Plaintiff according to the above division ratio in consideration of the name and form of the property subject to division, the grounds for acquisition and the use of the property, the convenience of division, etc.

3) Property division amount to be paid by the Defendant to the Plaintiff: 140,000,000 won

【Calculation Form】

① The Plaintiff’s share according to the division ratio of property among the Plaintiff and Defendant’s net property

Total net property 350,00,000 won x 40% = 140,000,000 won

(2) Amount under paragraph (1) after deducting the Plaintiff’s net property.

140, 000, 000 won - zero won = 140,00,000 won

E. Sub-determination

Therefore, the defendant is obligated to pay the plaintiff 140,00,000 won as division of property and damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from the day following the day when this judgment becomes final and conclusive to the day of full payment.

3. Conclusion

Therefore, the claim for divorce of this case and the claim for consolation money shall be accepted for the reasons, and the claim for division of property shall be determined as above. It is so decided as per Disposition.

Judges Park Jong-hee

Judges Cho Jae-sung