2014dden204617 (Counterclaims) Divorce, etc.

Busan Address

Original domicile Changwon-si

Attorney Lee Do-young

Busan Address

reference domicile Gyeong-nam

Attorney Lee Do-young

2. KimD (********* 3*********))

The address of the case principal Busan

Gyeong-nam, Gyeong-nam, the principal

2. The Defendant (Counterclaim Plaintiff) pays 20,00,000 won as consolation money to the Plaintiff (Counterclaim Defendant) as well as 5% per annum from December 5, 2014 to October 20, 2015, and 20% per annum from the next day to the date of full payment.

3. The Plaintiff (Counterclaim Defendant) pays to the Defendant (Counterclaim Plaintiff) the amount of KRW 70,00,000 as a division of property and 5% interest per annum from the day following the day this decision is finalized to the day of full payment.

4. The plaintiff (a counterclaim defendant) shall be designated as a person in parental authority and a custodian of the principal of the case.

5. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant):

A. Payment of KRW 8,400,000,00 for the past child support of the principal of the case;

B. From October 21, 2015 to the day before the principal of the case becomes adult, the principal of the case shall pay 300,000 won per month from October 21, 201 to the last day of each month.

6. The Defendant (Counterclaim Plaintiff) may contact the principal of the case as follows until the principal of the case becomes adult.

(a) schedule;

1) The second, the fourth Sundays 10:0 to 18:00

2) After the principal entered an elementary school, the principal of the case shall hold a consultation between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) for 4-day period during the summer and winter vacation, respectively (from 00 to 18:0 on the first day to 00 on the last day).

(b) Place and method;

Defendant (Counterclaim Plaintiff) (Counterclaim Plaintiff) took part in the instant principal’s residence or the place where the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) wanted to take part in the instant principal’s residence, and take part in the visitation right after taking part in the visitation right at the place where the Defendant (Counterclaim Plaintiff) wanted to take part in the instant principal’s residence and the place determined by the compromise.

7. The defendant (Counterclaim plaintiff)'s counterclaim divorce and consolation money claim and the plaintiff (Counterclaim defendant)'s remainder of the main claim is dismissed, respectively.

8. The costs of lawsuit shall be borne by each party in total with the principal lawsuit and counterclaim.

9. Paragraphs 2 and 5 can be provisionally executed.

Pursuant to the principal lawsuit, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) are divorced. The Defendant shall pay the Plaintiff a solatium amounting to KRW 30,00,000 and KRW 20% per annum from the day following the delivery of the copy of the principal lawsuit to the day of complete payment. The Plaintiff shall be appointed as the person in parental authority and the guardian of the principal of the case. The Defendant shall pay the Plaintiff KRW 16,296,00 as the child support of the principal of the case; KRW 16,296,00 as the child support of the principal of the case; KRW 1,059,00 as the child support of the principal of the case until the principal of the case becomes an adult; and KRW 1,059,00 as to the principal of the case until the principal of the case becomes a child support of the principal of the case; and KRW 1,00 as the principal of the principal of the case, KRW 1,00,00 each.

2. Counterclaim;

The plaintiff shall be divorced by counterclaim and the defendant. The plaintiff shall pay to the defendant 10,00,00 won as consolation money, and 20% interest per annum from the day following the day of delivery of a copy of the counterclaim of this case to the day of full payment, as division of property, 145, 600,000 won as division of property, and 20% interest per annum from the day of full payment from the day following the day of this decision to day of full payment. The plaintiff shall designate the defendant as the person with parental authority and the guardian of the principal of this case. The plaintiff shall pay to the defendant 560,000 won per month for the principal of this case KimD of this case until the principal of this case becomes an adult. The plaintiff shall pay to the defendant 560,000 won per annum for the principal of this case as 503,300 won per month on the last day of each month.

A. Facts of recognition

1) The plaintiff and the defendant are the legal couple who reported a marriage on March 21, 2008, and the principal of the case was born between two parties.

2) The Defendant served as a naval noncommissioned officer and retired from office on October 2010. Since then, there were many cases where the Defendant frequently performed alcohol and neglected to do so.

3) In July 2012, the Defendant, while drinking alcohol to the new wall of a police officer, she sleeped in the vehicle and sleeped in the vehicle, and sleeped with a board by drinking sleep, and added the board by drinking slick. On the 17th day of the same month, the Defendant slicked the Plaintiff with a letter to the effect that the Defendant’s act against the Plaintiff was against the foregoing.

4) On July 9, 2013, the Defendant drafted a letter to the effect that “the Plaintiff is under the influence of alcohol,” or that “nicked with things during a dispute, and was under the joint responsibility of childcare, and sent time to the Plaintiff with his family after returning home and having interest in domestic affairs and childcare.”

5) In December 2013, January 2014, the Defendant entered entertainment bars, massage parlors, etc.

6) In particular, from April 2014, the Defendant began to engage in a conversation with women outside Korea from the Edridton club, and on May 6 of the same year, the Defendant continued to engage in a sexual intercourse between the women and the mother, and on the 10th day of the same month, the Defendant prepared and provided a written self-statement expressing the above contents to the Plaintiff on May 10 of the same month.

7) However, the Defendant continued to contact with the women in the above 6) and continued to contact with the women in the above 6) on September 2014.

8) The Plaintiff and the Defendant are serving a separate police officer in September 2014, and the Plaintiff raises the principal of the case from around that time to the present time.

9) On October 1, 2014, the Plaintiff filed the instant lawsuit seeking a divorce against the Defendant, and the Defendant filed the instant counterclaim seeking a divorce, etc. against the Plaintiff on November 26 of the same year.

[Grounds for Recognition] Each entry in Gap evidence 1 to 4, 6, 7, Eul evidence 1 and 2 (including each number);

The purport of all pleadings

B. Determination

According to the above facts, it is reasonable to view that the marriage relationship between the plaintiff and the defendant has reached a failure to continue as the principal cause of the defendant's unlawful act and violent words, etc. This constitutes a ground for divorce under Article 840 (1), (3), and (6) of the Civil Act, and thus, the plaintiff's claim for divorce at the lawsuit is reasonable.

Furthermore, since the marriage between the plaintiff and the defendant has been caused by the defendant's main cause attributable to the above, and it is clear that the plaintiff suffered mental loss, the defendant is obligated to pay the plaintiff the above-mentioned fee. Considering the real marriage period of the plaintiff and the defendant, the circumstances leading up to the failure of the marriage, the degree of voluntary failure, the economic ability of the defendant, etc., it is reasonable to determine the consolation money amount at KRW 20,00,000.

Therefore, the plaintiff is divorced from the defendant, and the defendant is obligated to pay to the plaintiff the consolation money of 20,00,000 won and the damages for delay calculated with 5% per annum under the Civil Act from December 5, 2014 to October 20, 2015, which is the day following the day when the defendant delivered a copy of the main complaint of this case to the defendant, as requested by the plaintiff, to the plaintiff. The defendant is obligated to pay to the plaintiff the damages for delay calculated with 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day when he/she fully paid the amount.

In regard to this, the defendant sought divorce or consolation money as a counterclaim on the ground that the plaintiff's income is less than the defendant's income and that the marital relationship has disappeared due to the plaintiff's act suspected of having committed an unlawful act despite the absence of the plaintiff's act, but there is no evidence to acknowledge the above alleged fact, and rather, the defendant committed an unlawful act with the non-party's non-party. Therefore, the defendant's counterclaim divorce or consolation money claim is without merit.

2. Determination as to the claim for division of property

A. Reasons for the formation and maintenance of the common property;

1) The Plaintiff served as a teacher from March 1, 2001 to March, 1, 2001, and was in charge of raising the principal of the case and household affairs during the marriage period.

2) The Defendant worked as a naval noncommissioned officer from before the marriage with the Plaintiff until October 2010, and operated a restaurant in the name of "**** House" during the first half of the year 2013, from November 11 to May 27, 2014 of the same year ********* in the mechanical stock company, and the Defendant did not pay any profit while operating the above restaurant.

3) On March 2008, the Plaintiff and the Defendant leased the Defendant’s money of KRW 40,00,000, and loans of KRW 30,000, and KRW 000.

4) The plaintiff and the defendant purchased on July 29, 2009 ** the Gu**** the Dong***,**** the kept******************** the apartment) and completed the registration of ownership transfer under the name of the plaintiff on August 20 of the same year after they resided in the apartment **** after that time after they resided in the apartment **.* Busan corporation with respect to the apartment * The registration of the settlement of mortgage amount of maximum debt amount of 96,00,000 won on August 20, 2009, the registration of the establishment of mortgage amount of 60,000 won on June 10, 2010, and each registration of the establishment of mortgage was completed on June 10, 2010.

5) On February 2012, the Plaintiff and the Defendant considered that the instant case’s KimD’s childbirth was inappropriate to raise a newborn baby;* an apartment is paid KRW 100,00,00,00 borrowed from the Plaintiff’s parents around that time as a lease deposit, and Busan************************************************************************************************** the same***********).

6) The plaintiff and the defendant purchased on November 19, 2013 ** Dong*********************************************************************************) on December 30 of the same year and completed the registration of ownership under the plaintiff's name on December 30 of the same year.********************* Members of the Housing Association (hereinafter referred to as the "Housing Damage Insurance") as security, and received a loan of KRW 168,00,00 from the examination (hereinafter referred to as the "Housing Damage Insurance").

7) On March 21, 2014, the Plaintiff sold apartment units to KRW 258,00,00, and completed the registration of ownership transfer to KRW 24th of the same month after the Plaintiff sold apartment units to KRW 258,00,00.

[Grounds for Recognition] Gap evidence 1, 8, 12, Eul evidence 3, 6, 10, 12 (including each number)

Each entry, the results of fact inquiry into the Public Official Pension Service of this Court, the entire pleadings

purport of this chapter

(b) Subjects of division of property;

1) The property subject to division of property following the divorce between the Plaintiff and the Defendant is as listed in the separate sheet of particulars of the re-division of the property subject to division [the details of the property held as of September 2014, when the Plaintiff and the Defendant began their separation.]

2) The defendant asserts that the deposit in the name of the plaintiff (**************) 4,709, and 204 won should be calculated as the plaintiff's active property. However, according to the result of the order to submit a financial transaction report to the Nonghyup Bank, the above deposit was deposited on September 26, 2014. Thus, the defendant's above assertion is without merit.

3) The Defendant asserts to the effect that all of the Plaintiff’s debt 100,00,00,000 won against the Plaintiff’s parents *** there is no evidence to acknowledge it. However, in full view of the overall purport of the pleadings in the evidence No. 17, No. 17, and No. 6, *** the Busan Bank’s loan obligation on apartment, lot damage insurance ******** the loan obligation on apartment with respect to apartment, lot damage insurance, and part of the loan obligation on apartment. Thus, the Defendant’s above assertion is without merit.

4) The Plaintiff asserts to the effect that KRW 10,00,00 shall be reflected in the Plaintiff’s passive property, although each of the above obligations is based on the Plaintiff’s assertion, there is no evidence to deem that even if the Plaintiff’s allegation was made, the Plaintiff and the Defendant did not have paid the money accrued or borrowed after the commencement of his/her stay or after the commencement of his/her stay for common life (the past child support for the main persons of this case was separately ordered to be paid to the Defendant), and that the Plaintiff’s assertion is rejected.

(c) Ratio and method of division of property;

1) Division ratio of property

As examined below, considering the following, the Plaintiff’s prospective retirement benefits and retirement allowances were brought up to the instant principal in the future; the Plaintiff’s expected retirement benefits and retirement allowances were incurred before marriage between the Plaintiff and the Defendant; the actual period of marriage of the Plaintiff and the Defendant; the Plaintiff and the Defendant’s contribution to the formation and maintenance of property subject to division of property; the developments leading up to the marriage and the failure of marriage between the Plaintiff and the Defendant; and the Plaintiff’s annual life, health status and economic ability, etc., it is reasonable to set the division of property at 65% and 35%, respectively.

2) The method of division of property

Comprehensively taking account of the aforementioned circumstances revealed in the arguments in this case, such as the form of the property subject to division, the current status of use, the current name and the process of acquisition, and the intent of the Plaintiff and the Defendant, the property subject to division shall vest in the name of each person under the current ownership. However, it is appropriate to settle the difference as much as the amount ultimately falls short of the amount to be reverted to the Defendant according to the division ratio of property and

3) Property division amount to be paid by the Plaintiff to the Defendant: 70,000,000 won

[Calculation Form] ① Shares of the Defendant according to the division of property among the net property of the original and the Defendant: KRW 67,729,832

[See = 193, 513, 806 won x 35%, and 35% of won] of the sum of net property of the plaintiff and the defendant

② Amount obtained by adding the Defendant’s small property from the money in the above paragraph (1): KRW 71, 317, 154

[ = 67, 729, 832 won + 3, 587, 322 won]

[3] Division of property that the Defendant shall pay to the Plaintiff

② The amount set forth in the above paragraph 70,000,000 won less than the amount set forth in the

[The plaintiff's expected retirement benefits and part of retirement allowances are married by the plaintiff and the defendant

in Section 10,000, 000, taking into account the circumstances described in this subsection, such as the point of

Less than KRW 100,000

(d) Sub-committee;

Therefore, the plaintiff is obligated to pay to the defendant 70,00,000 won as division of property and damages for delay calculated by 5% per annum from the day after this judgment becomes final and conclusive to the day of full payment.

3. Determination as to the designation of a person with parental authority and a custodian, child support, and visitation right

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

In full view of all the circumstances revealed in the arguments of this case, including the Plaintiff’s current custody of the principal of this case, and the fact that the principal of this case has a high degree of friendship with the principal of this case, the background of marriage and failure of the Plaintiff and the Defendant, the age, gender, and parenting of the principal of this case, the intent of fostering the Plaintiff and the Defendant, and the import and property status of the Plaintiff and the Defendant, it is reasonable to designate the Plaintiff as the person in parental authority and the custodian of the principal

(b) Child support;

In full view of the following facts: (a) the Plaintiff solely raises the instant principal from September 2014 to October 20, the Defendant appears to have no occupation during the instant lawsuit; (b) the Defendant’s age and health status of the principal of the instant case; (c) the developments and background of fostering the principal of the instant case; (d) the Plaintiff and the Defendant’s income and property status; (b) the equitable sharing of burden; and (c) the Plaintiff’s claim amount, etc., the Defendant is not obliged to pay the Plaintiff child support for the past child support of the principal of the instant case from September 2014 to October 20, 2015, from September 30, 2015, the date when the Seoul Family Court was established and announced, to September 20, 2015 (the amount exceeding KRW 300,000 per head of the instant case); and (d) the Plaintiff and the Defendant’s claim for child support for the last day of September 1, 2015 to the child support of the instant principal.

C. Interview (ex officio determination)

As long as the plaintiff has been designated as a person in parental authority and guardian of the principal of the case, the defendant, who is not a person in parental authority and guardian of the principal of the case, has the right to interview the principal of the case. In full view of the facts recognized earlier and the intentions of the plaintiff and the defendant regarding the visitation right, and the age, gender, living environment, present situation, etc. of the principal of the case, it is reasonable to determine the schedule and method of visitation right as stated in Paragraph 6 of the Disposition for the emotional stability and welfare of the principal

4. Conclusion

Therefore, the plaintiff's claim for divorce of the principal lawsuit shall be accepted for the reason of the reason, and only part of the plaintiff's claim for consolation money shall be accepted within the extent of the above recognition, and the defendant's counterclaim divorce and consolation money claim shall be dismissed as it is without merit, and it shall be decided as to division of property, designation of person with parental authority and custody, child support, visitation right as above.