2019ddan212514 (Counterclaims), divorce, etc.

2. Sick:

2. The plaintiff (Counterclaim defendant)'s claim for consolation money and the plaintiff (Counterclaim plaintiff)'s counterclaim consolation money are dismissed, respectively.

3. The defendant (Counterclaim plaintiff) shall pay to the plaintiff (Counterclaim defendant) 20 million won as division of property and 5% interest per annum from the day following the day when the judgment became final to the day of full payment.

4. He shall designate the plaintiff as a person with parental authority and a custodian of the principal of the case.

5. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 700,000 per month from July 2020 to the day before the principal of the case reaches the age of majority.

6. The Defendant (Counterclaim Plaintiff) may visitation the principal of the instant case by the day before the principal of the instant case reaches his majority, and cooperate with the Plaintiff (Counterclaim Plaintiff) so that the visitation right can be undertaken smoothly as follows.

(a) A given period: from the second and fourth Saturday to the 18:00 on Sundays 18:00, which is the second and fourth Saturday, each month, the place and method: The method by which the Defendant (Counterclaim Plaintiff) communicates the principal of the case to the residence of the principal of the case or the place determined in consultation with the Plaintiff (Counterclaim Defendant) and takes responsibility for the principal of the case at the place of the case after completing the visitation right, and then takes the case back to the residence or the place of consultation of the principal of the case;

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

8. Paragraph 5 can be provisionally executed.

1. The plaintiff (Counterclaim defendant, hereinafter referred to as "the plaintiff") and the defendant (Counterclaim plaintiff) (hereinafter referred to as "the defendant Eul") are divorced.

2. Defendant B shall pay to the Plaintiff 40,000,000 consolation money with 12% interest per annum from the day following the day of service of a copy of the complaint of this case to the day of complete payment.

3. Defendant Byung shall pay to the Plaintiff 30,000,000 won with 12% interest per annum from the day following the service date of a copy of the complaint of this case to the day of complete payment.

4. Defendant B shall pay to the Plaintiff 25,324,167 won as division of property, and 5% per annum with respect thereto, from the day this judgment became final to the day of complete payment.

5. The plaintiff shall be designated as a person with parental authority and guardian of the principal of the case.

6. Defendant B shall pay to the Plaintiff KRW 800,000 as of the last day of each month from the day following the day of delivering a copy of the complaint of this case with the child support of the principal of this case until the principal of this case reaches the majority.

[Counterclaim]

1. The plaintiff and the defendant Eul are divorced.

2. The plaintiff shall pay to the defendant Eul 20,000,000 won with 5% interest per annum from the day this judgment became final to the day of complete payment.

3. The plaintiff shall pay 10,00,000 won as consolation money and 12% interest per annum to the defendant from the day following the day of service of a copy of the counterclaim of this case to the day of complete payment.

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

5. The plaintiff shall pay 800,000 won per month to the defendant as of the last day of each month from the date this judgment became final and conclusive to the date the principal of the case becomes adult.

(a) Facts of recognition;

1) The Plaintiff and Defendant B are legally married couple who reported marriage on 2011, and there is the principal of the case between them.

2) From around July 2015, Defendant B was frequently disputed with the Plaintiff on the ground that the Plaintiff was absent from the Ministry of Religious Cooperation and neglected to housework, and from July 2018, the Plaintiff was doubtful of Defendant B’s external intention, and was in me to Defendant B.

3) Around 2017, the Plaintiff borrowed 6 million won from the father of Defendant B’s father, and Defendant B did not use it.

4) The Plaintiff borrowed KRW 31 million from the father of Defendant B, under the pretext of putting up his house back even after the Plaintiff’s death. Defendant B, around February 2019, known the Plaintiff’s lending of money as above and argued the Plaintiff at a late time. On February 19, 2019, the Plaintiff assaulted the Plaintiff, such as the Plaintiff’s shoulder, booming the Plaintiff’s shoulder, cutting down his shoulder, and pushed down his shoulder out of the house.

5) On February 19, 2019, the Plaintiff, who was assaulted by Defendant B, filed a 112 report at home, and since that time, the Plaintiff and Defendant B were in separate living until now.

6) Defendant B made a call with Defendant C while making a joint call after the Plaintiff’s house, and made such a report to Defendant C, that said, it would be said that the Plaintiff’s mind would be able to see that it would be able to see the stability, i.e., e., “convey,” “convey,” and “at the same time, there is interest in the test.”

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 5 and 7 (including paper numbers) and the purport of the whole pleading was determined.

1) Considering the above facts of recognition and the fact that the Plaintiff and the Defendant B sought a divorce as a counterclaim with the instant principal lawsuit, it is determined that the marriage between the Plaintiff and the Defendant B has reached a failure to recover to the extent that it would be difficult to recover. Therefore, each claim for divorce against the principal lawsuit and the counterclaim has a ground for judicial divorce under Article 840 subparag. 6 of the Civil Act.

2) The Plaintiff asserts that the marital relationship between the Plaintiff and Defendant B was broken down due to Defendant B’s assault and the Defendants’ wrongful act, and that Defendant B filed a claim for consolation money against the Defendants. On the other hand, Defendant B asserted that the marital relationship was broken down due to the Plaintiff’s pecuniary rent against the Plaintiff’s deadty, family negligence due to religious activities, etc.

First, we examine whether the Defendants committed an unlawful act. From February 19, 2019 to February 19, 2019, it is recognized that Defendant B made an inappropriate speech while making a joint call with Defendant C, but there is no other evidence to recognize that Defendant C did not take any particular response, and the principal content of the conversation made by Defendant C was advice on the issue of divorce by Defendant C, and there was no other evidence to prove that the Defendants committed an unlawful act. Even around November 2018, the Plaintiff appeared to witness the Defendant B’s joint call and confirmed the Defendant B’s cell phone, but at that time there was no particular problem between the Plaintiff and the Defendant B at that time. On February 19, 2019, the dispute occurred from February 19, 201 caused the Plaintiff to borrow KRW 31 million from the Silter without Defendant B. Considering these facts and circumstances, the evidence submitted by the Plaintiff alone was insufficient to recognize the Plaintiff and the Defendant C’s liability for damages as a result of both the Plaintiff and the Defendant C’s unlawful act.

2. Determination as to the claim for division of property

A. As a matter of principle, the standard point of time for division of property shall be determined as the date of closing of argument in the instant case, and any financial property which is easy to consume or conceal shall be determined as of February 19, 2019 from the date of failure by the Plaintiff and the Defendant, which is the point of time of failure, and the value indicated in the result of the order to submit financial transaction information, etc., written by the Plaintiff

(b) The property and value subject to division shall be as shown in the Schedule of Property Division. The ratio and method of property division shall be as shown in the Schedule of Property Division.

1) Division ratio: The ratio of division of property shall be 45%, 55%, and 55%, taking into account all the circumstances revealed in the arguments in the instant case, such as the Plaintiff and the Defendant’s occupation, income, and marriage period, based on the following factors: (a) the acquisition process of the active property subject to division; (b) the degree of contribution to the Plaintiff and the Defendant

2) The method of division of property: (a) taking into account the name and form of the property subject to division, the process of acquisition, convenience of division, etc., positive and negative property of both the Plaintiff and Defendant B shall be reverted to each person as of the present name; and (b) the deficient portion of the amount to be reverted to the Plaintiff according to the said division rate shall be paid to

(c) Property division amount: 20,000,000 won (amount less than the result of the following formula) 86,615,051 won x 0.45 - 17,833,359 won;

D. Sub-committee

Therefore, Defendant B is obligated to pay to the Plaintiff KRW 20,00,000 as division of property and damages for delay calculated at the rate of 5% per annum from the day following the day when this judgment became final and conclusive to the day of full payment.

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

A. The plaintiff shall be designated as a person with parental authority and a custodian of the principal of this case, taking into account all the circumstances surrounding the argument of this case, such as the designation of a person with parental authority and custodian, the details of the agreement between the plaintiff and the defendant, the intent of fostering

B. Determination of the claim for child support

Since the Plaintiff is designated as a custodian of the principal of this case, the Defendant is obligated to pay the Plaintiff the child support of the principal of this case. Considering the age and status of the principal of this case, the Plaintiff and the Defendant’s age, environment, economic ability, equity in burden, and the standard amount of the child support calculation standard table (2017), etc., the Defendant is obliged to pay the Plaintiff the child support of the principal of this case from July 2020 to the date of the end of each month. The visitation right shall be determined as the order regarding visitation, taking into account all the circumstances revealed in the arguments of this case, such as the Plaintiff’s age, gender, rearing status, and intent of the parties.

4. Conclusion

The claim for divorce against the principal lawsuit shall be accepted, and the principal lawsuit and counterclaim shall be dismissed, respectively. It is so decided as per Disposition with respect to the claim for division of property against the principal lawsuit and counterclaim, the designation of a person with parental authority and a custodian, the claim for child support, and the visitation right.

A person shall be appointed.