beta
(영문) 대전지방법원천안지원 2015.08.20 2015가단7530

손해배상 등

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On December 7, 2000, the Plaintiff married with the Defendant and placed C(D) and E(F) under the slock as his child.

B. On May 9, 2013, the Defendant filed a divorce suit against the Plaintiff as the Daejeon Family Court Branch Branch of 2012 World Family Court Branch of 966 (principal suit). Accordingly, on May 9, 2013, the first instance court rendered a judgment ordering divorce, designation of a person with parental authority and guardian, payment of child support, and division of property against the Plaintiff and the Defendant.

C. According to the appeal of the Plaintiff and the Defendant, the Daejeon Family Court case No. 2013Reu1086, 2013Reu1093 (Counterclaim) (hereinafter referred to as the “Counterclaim”) was pending, and the previous suit was concluded on March 27, 2014, and the same year.

6. On June 26, 201, with respect to the part concerning the claim for each of the principal lawsuit and counterclaim and the part concerning the claim for division of property, the judgment ordering the Defendant to pay KRW 1,000,000 per month from June 27, 2014 to May 11, 2021, and KRW 500,000 per month from the next day to February 3, 2023, and the Defendant to pay KRW 57,70,000 to the Plaintiff as division of property, and the Plaintiff to pay KRW 57,70,000 per month from the date of this judgment with respect to 1/2 of the vehicles listed in the attached Form.

C. Although the Plaintiff appealed with respect to the previous suit, on October 30, 2014, Supreme Court Decision 2014Meu3250 Decided October 30, 2014, the previous suit became final and conclusive on November 4, 2014.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion (1) during the period of a lawsuit, the Defendant agreed to return the Plaintiff’s personal goods and household appliances to the Plaintiff during the period of the lawsuit, and thus, the Defendant failed to comply therewith, and the total amount of KRW 13,950,000 equivalent to 50% of the value of household appliances as indicated in the attached list, KRW 50,000, and KRW 10,950,000, and ② G apartment in the name of the Defendant belongs to the Defendant in the previous lawsuit.