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(영문) 부산가정법원 2015.11.24.선고 2014드단9737 판결

이혼및재산분할

Cases

2014drid 9737 Divorce and Division of Property

Plaintiff

AA (*********** 2************)))

Busan Address

reference domicile Gyeong-nam

Law Firm Doz.

Attorney Lee In-bok

Defendant

(************************))

Last Address: Gyeongnam

reference domicile Gyeong-nam

Conclusion of Pleadings

October 6, 2015

Imposition of Judgment

November 24, 2015

Text

1. The plaintiff and the defendant are divorced.

2. The Defendant shall pay to the Plaintiff 20,00,000 won as consolation money and 5% per annum from August 26, 2015 to November 24, 2015, and 15% per annum from the following day to the day of full payment.

3. The Defendant shall pay the Plaintiff the amount calculated by the ratio of 27% out of the amount of the retirement pension received by the Defendant each month from the date following the day when this judgment became final and conclusive to the day before the Defendant dies while the Plaintiff is alive as a result of division of property.

4. The plaintiff's remaining claim for consolation money is dismissed.

5. The costs of lawsuit shall be borne by each person.

6. Paragraph 2 can be provisionally executed.

Purport of claim

The disposition No. 1 and the defendant shall pay to the plaintiff 30,00,000 won as consolation money, and 5% per annum from the day following the delivery of a copy of the application for modification of the purport of the claim of this case to the day of the judgment of the court of first instance, and 20% per annum from the day of the next day to the day of the full payment, and 27% per annum from the day following the day of this judgment as division of property to the day of the defendant's death, and 20% per annum from the day of each payment to the day of full payment.

Reasons

1. Determination as to the claim of divorce and consolation money

A. Facts of recognition

1) The plaintiff and the defendant were legally married on May 20, 1989, and they were born between the above two married couples, and they were the largestCC (19***.**.**....) and her parent least D (19**.*.*..**.....).

2) The defendant's military units that continuously work in a military unit during the marriage period, or the U.S. military unit

Gambling, such as joining a casino, was frequently done in the case of gambling and making a salary due to gambling.

3) The Defendant did not use the patriarche in raising children during the marriage period.

4) In around 2005, the defendant has entered a dong-si with an outer baby.

5) Around 2006, the Defendant left home, and the Plaintiff and the Defendant have been living separately from that time until that time (Provided, That the Defendant was living together for about one year after returning home around 2008), and the Plaintiff brought up his children during the said period of stay.

6) Meanwhile, even though the Defendant received the soldier’s retirement pension from February 2001, the Defendant did not pay the Plaintiff living expenses and child support for the aforementioned separate period (Provided, That the Plaintiff paid the maximum amount of KRW 300,000 per month on a temporary basis to the maximumCC).

[Grounds for Recognition] Each entry of Gap evidence 1 to 6 (including each number), the National Armed Forces Finance of this Court

The results of fact inquiry to the management body and financial transactions with the National Bank

As a result of an order to submit information, the result of the Plaintiff’s personal examination, the purport of the entire argument

B. Determination

According to the above facts, the marital relationship between the plaintiff and the defendant was no longer reduced due to the abandonment of the defendant's family, which constitutes a ground for divorce under Article 840 (2) and (6) of the Civil Code, and thus, the plaintiff's claim for divorce has merit.

Furthermore, since the marriage relationship between the plaintiff and the defendant has reached a failure due to the above reasons attributable to the defendant, and it is apparent that the plaintiff has suffered mental loss, the defendant is obligated to pay consolation money to the plaintiff. Considering the marriage period of the plaintiff and the defendant, the circumstances leading up to the failure of the marriage, the distress liabilityCC, and the intention and economic ability of the victim, it is reasonable to determine consolation money amount as KRW 20,00,000.

Therefore, the plaintiff is divorced from the defendant, and the defendant is not in a marital relationship with the plaintiff as consolation money of 20,000,000 won, and after the marital relationship has been broken down, a copy of the application for modification of the purport of the claim of this case sought by

From August 26, 2015, the day following the day on which the defendant served on the defendant, the defendant is obligated to pay 5% per annum as provided by the Civil Act until November 24, 2015, which is the date of this decision, and 15% per annum as provided by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings until the day of full payment.

2. Determination as to the claim for division of property

A. Facts of recognition

1) The Plaintiff was in exclusive charge of household affairs and child care during the marriage period. After commencing his/her stay separately with the Defendant, the Plaintiff was responsible for the livelihood of the Plaintiff and his/her children while working as a domestic helper, a restaurant employee, an external board, etc.

2) The Defendant is currently serving as a military personnel until he was discharged from active service as 19*,*** * * * * * * * * * * * * * *. From February 2001 to February 2001 (the monthly retirement pension exceeds 2,00,000 won as of the date of the closing of argument in this case).

3) The Defendant did not seek another workplace on the ground that he was employed as an occupational soldier and was paid a pension after his retirement.

4) The Plaintiff and the Defendant do not have any particular property, except the above Military Retirement Pension.

[Grounds for Recognition] The written evidence Nos. 4 and 6, and the fact-finding on the Armed Forces Finance Management Body of this Court

As a result of the order to submit financial transaction information to the National Bank, the plaintiff

The result of the examination of the principal, the purport of the whole pleading

B. Determination

According to the above facts, the plaintiff's cooperation is recognized for work during the marriage period of the defendant, and the defendant receives the military retirement pension until his death, and the ratio of the marriage period (4,275 days) between the plaintiff and the defendant during the defendant's service period (7,819 days) exceeds 54%, and the amount of money calculated by the ratio of 27% of the amount of the military retirement pension paid by the defendant to the last day of each month is reasonable in consideration of various circumstances that come to the argument in this case, such as the plaintiff and the defendant's contribution to the formation and maintenance of the property subject to division, the marriage period of the plaintiff and the defendant, the marriage period of the plaintiff and the defendant, the process of marriage and the situation leading up to the failure of marriage, and the age of the plaintiff and the defendant, etc.

3. Conclusion

Therefore, the plaintiff's claim for divorce and the claim for consolation money within the above recognized scope are justified, and the division of property is determined as above. It is so decided as per Disposition.

Judges

Judges Kim Jong-ok