Busan Address

Busan District Court

Subagent of lawsuit

Attorney Lee In-bok

Busan Address

Busan District Court

Attorney Park Jae-hoon

Attorney Lee In-bok

Busan Address

Busan District Court

2. Property division:

A. The Defendant shall deliver to the Plaintiff the vehicle listed in the separate sheet No. 1 (1) and (2) implement the procedure for changing the name of the policyholder for each insurance contract listed in the separate sheet No. 2 to the Plaintiff, and shall pay to the Plaintiff the amount calculated at the rate of 5% per annum from the day following the day when the judgment became final and conclusive to the day when the insurance contract is fully repaid, and (b) the Plaintiff shall be exempted from the obligation to pay each insurance contract specified in the separate sheet No. 2 of the insurance contract.

3. To designate a person with parental authority and a custodian of the principal of the case as the defendant;

4. The plaintiff shall pay 1 million won per month to the defendant as the 25th day of September from September 1, 2017 to the day before the principal of the case becomes adult as the child support for the principal of the case.

5. The Plaintiff may freely visit the principal of the case at any time, and the visitation right shall be held by respecting the intent of the principal of the case to the maximum extent possible. The Defendant shall actively cooperate with the Plaintiff and shall not interfere with the visitation right.

6. The costs of lawsuit shall be borne by each person;

7.Paragraph 4 can be provisionally executed.

The plaintiff shall pay 5% interest per annum from the day following the day when the decision is confirmed to the day of full payment.

40,000 won per July 18, 2019 from the day following the date this judgment was rendered to the Defendant for the child support of the principal of this case.

shall be paid on the 25th of each month.

A. The plaintiff and the defendant reported their marriage on December 19, 197, and the principal of the case and B (the birth of 1998) were children.

(2) At the time of marriage, the plaintiff was working for the cosmetics company, and the defendant served for the ** bank. The plaintiff is working for the trucking transport business after retirement around 199. The defendant retired after having given birth to B, and from around 2005 *** bank. (3) The defendant was working for the on-board ship operation on February 3, 2009, and the plaintiff was working for the on-board ship operation from July 31, 2009 to August 4, 2009.

까지 급성심근경색증으로 수술 및 입원 치료를 받았다. 위 2번의 수술 및 치료 과정에서 피고는 시댁 가족들이 무관심하고 배려가 없다고 생각하여 섭섭한 감정을 가지게 되었고, 원고는 피고가 시댁 식구들을 오해하여 섭섭하게 생각하고 병문안을 왔을 때에도 매몰차게 굴었다고 생각하여 불만이 있었다 . ( 4 ) 원고와 피고는 피고와 시댁 가족들과의 관계, 피고가 시댁 대소사를 챙기는 문제, 가사 및 육아 분담 문제에 관한 입장 차이 등으로 인한 갈등이 누적되어 거의 대화 없이 지내게 되었고, 원고가 2015. 10. 경 김해에 원룸을 얻어 따로 지내면서 원고와 피고는 별거하고 있다 .

[Ground of recognition] Evidence Nos. 1 through 6, Gap evidence Nos. 9 through 13, and all purport of oral argument

B. Determination

In light of the above facts and the fact that the plaintiff and the defendant agree to divorce, and that the plaintiff and the defendant did not make efforts to recover from the marriage after the separation of marriage, the marriage between the plaintiff and the defendant are recognized to have disappeared due to the deepening conflict by understanding the other party's position during the marriage period and by smelling without active efforts to resolve the conflict. This constitutes a cause of judicial divorce under Article 840 subparagraph 6 of the Civil Act (the plaintiff and the defendant's responsibility for the dissolution of marriage are equal).

2. Determination as to the claim for division of property

(a) Property and value to be divided: The details of the property to be divided shall be as shown in the attached Table 3;

B. Determination of the parties' arguments: The grounds for recognition of the list of properties subject to division in attached Form 3 and the reasons for non-recognition of the list of properties without recognition in attached Form 4 are as stated below.

The plaintiff asserts that all of the defendant's* life insurance contract loans, insurance contract loans for 000 life insurance, and insurance contract loans for 000 fire insurance are not subject to division of property since marriage has occurred after the failure of marriage.

According to the Financial Transaction Information Meeting dated April 21, 2017, Eul evidence 5-3 through 5, Eul evidence 13-2, Eul evidence 15-1, Eul evidence 15-1,* According to the Financial Transaction Information Meeting of April 21, 2017 in life insurance, the defendant received a loan of KRW 32 million in total from life insurance * as of December 25, 2015 * as of August 31, 2017 * The defendant's loan of KRW 42,549,08 in total * as of August 31, 201 * as of April 19, 2017; the defendant's loan of life insurance from 00 insurance to 00 insurance.

8. It is acknowledged that the Defendant had obtained a loan of insurance contract of KRW 2 million and KRW 3 million in total, including KRW 5 million in June 16, 2017, and KRW 20 million in total, and KRW 5 million in total, and KRW 3 million in marine insurance on September 13, 2016. Thus, it is recognized that the Defendant had received a loan of insurance contract even after his/her separate election as alleged by the Plaintiff. However, the aforementioned evidence and evidence were recognized as having been subject to multiple insurance contracts even after his/her separate election as alleged by the Plaintiff. However, considering the following: (a) the Defendant received several loans in small amounts; (b) the Defendant was subject to division of property; (c) the Defendant’s deposit is included in both the Defendant’s loans; (d) the Defendant’s living expenses, insurance premiums, etc. were borne by his/her children and children after his/her separate election with his/her children; and (d) the amount paid by the Plaintiff to KRW 17,817,2000.

Therefore, it is reasonable to view that both Defendant’s loan obligations are included in the property division subject to the division of property, recognizing both Defendant’s loan obligations as obligations arising in the process of marital community

D. Ratio and method of division of property (1) : Plaintiff 45%, Defendant 55%;

[1] The method of division of property (2) under consideration of various circumstances such as the process of acquisition and utilization of active property subject to division, the level of contribution by the plaintiff and the defendant to its formation and maintenance, the background of income and property generated, the age of the plaintiff and the defendant, occupation, process and duration of married life, and the defendant raising the child: considering the name and form of the property subject to division, the process of acquisition, convenience of division, and the intention of the parties, the defendant delivers the vehicle listed in the attached Table 1 to the plaintiff, and changes the contractor of the insurance contract listed in the attached Table 2 to the plaintiff. The plaintiff takes over the loan obligations of the insurance contract to be changed to the plaintiff, and ultimately pays the shortage to the plaintiff in cash by the defendant (3).

[Calculation Form] ① The Plaintiff’s share of net property of the Plaintiff and Defendant according to the division ratio of property

430, 706, 700 x 45% = 193,818,015 won

(2) From the amount referred to in paragraph (1) above, 193, 818, 015 won - 78, 532, 302 won = 115,285, 713 won

[3] Division of property that the Defendant pays to the Plaintiff

② The amount set forth in the above paragraph falls short of 115,00,000 won

E. Sub-committee

As a result of division of property, the Defendant is obligated to deliver to the Plaintiff the vehicle listed in the separate sheet No. 1, to change the name of the policyholder for each insurance contract listed in the separate sheet No. 2 to the Plaintiff, and to pay the amount of KRW 115,00,000 and the amount calculated by the rate of 5% per annum as stipulated in the Civil Act from the day following the day this judgment became final and conclusive to the day of full payment. The Plaintiff is obligated to accept each insurance contract loan obligation listed in the separate sheet No. 2.

3. Determination as to the bringing-up of children

(a) Person in parental authority and guardian of the principal of the case: Designation of the defendant; and

[Ground of determination] The circumstances shown in the argument of this case, including the fact that the plaintiff and the defendant are raising the principal of this case from around October 2015, which began separately from the beginning of the plaintiff and the defendant, are mainly taking into account the fact that the defendant raises the principal of this case, the environment of rearing, the intention of the plaintiff and the defendant,

(b) Child support;

It shall be determined that the Plaintiff pays 1 million won per month to the Defendant from September 1, 2017 to the day before the principal of the case reaches the age of majority.

[Ground of determination] The Defendant’s age and occupation, income, property, age of the principal of the case, custody status, and the Plaintiff’s total amount of approximately KRW 2,8290,000 among January 2, 2016 to December 2, 2016, paid directly to the Defendant as educational expenses or as child support between January 2017 and August 2017, and the Defendant’s insurance contract loan liability incurred after separation is also included in the object of division of property as above. In consideration of the various circumstances indicated in the argument of the instant case, the Plaintiff, a non-nive parent, has the right to contact with the principal of the instant case as long as it does not conflict with the welfare of the principal of the instant case. Considering the various circumstances revealed in the argument of the instant case, such as the age of the principal of the instant case, the situation of fostering, living environment, etc., the Plaintiff’s emotional stability and welfare as prescribed by the Ordinance of the Republic of Korea ex officio, as stated in paragraph (5) of this case.

4. Conclusion

The plaintiff's claim for divorce shall be accepted on the grounds of the plaintiff's claim for division of property, the plaintiff's claim for division of property, the person with parental authority and the custodian, the claim for child support, and the visitation

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.