Busan Seo-gu

Reference domicile Busan Young-gu

Law Firm Doz.

Busan Seo-gu

Busan Dong-gu

Seoul Dongdaemun-gu

Address and Reference domicile as to the Plaintiff

2. The defendant shall pay to the plaintiff 20,00,000 won as consolation money and 5% per annum from July 8, 2015 to February 16, 2016, and 15% per annum from the next day to the day of full payment.

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

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

5. The Defendant shall pay the Plaintiff KRW 650,00 per month from July 8, 2015 to the date before the principal of the case becomes adult, as the child support for the principal of the case, on the 25th day of each month.

6. The costs of lawsuit shall be borne by each party.

7.Paragraphs 2 and 5 may be provisionally executed.

A. Facts of recognition

1) The Plaintiff and the Defendant are legally married couple who reported marriage on January 7, 2008, and the principal of the case was born between the Plaintiff and the Defendant on July 17, 2009.

2) On July 7, 2009, the Defendant attempted to rape an employee of the singing shop he operated on the part of the Defendant, and in the process, attempted to commit rape, and applied to the said employee about about 14 days of treatment.

3) On May 2, 2010, the Defendant, upon considering the Plaintiff’s face, placed an inner sponsor, etc. requiring treatment for about 21 days to the Plaintiff.

4) On May 10, 2015, the Defendant landed from the deep-sea fishing vessel, but from around the 15th day of the same month, the Defendant did not enter the house from the end of the same month when she frequently worked for gambling.

5) The Plaintiff currently raises the principal of the case.

[Grounds for Recognition] Each entry in Gap evidence 1 to 5 (including each number), and the purport of the whole pleading

B. Determination

In addition to the above facts, the plaintiff and the defendant's marriage did not appear on the date of pleading without submitting the plaintiff's written answer, it is reasonable to view that the plaintiff and the defendant's marriage did not continue to exist any longer due to the defendant's criminal act, assault, withdrawal, etc. This constitutes a ground of divorce under Article 840 subparagraph 6 of the Civil Code, and thus, the plaintiff's claim for divorce is concerned.

Furthermore, since the marriage relationship 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, and considering the marriage period of the plaintiff and the defendant, the circumstances leading up to the failure of the marriage, the degree of the distress liability, 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 KRW 20,00,00 and the damages for delay calculated as 15% per annum under the Civil Act from July 8, 2015 to February 16, 2016, which is the day following the day when the plaintiff delivered a copy of the 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 as 20,00,000 per annum under the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. from the next day to the day when he/she fully paid the amount.

2. Determination as to the designation of a person with parental authority and a custodian and child support

Taking into account all the circumstances shown in the pleadings of the instant case, such as the fact that the Plaintiff currently raises the principal of the instant case, the developments leading up to the marriage and failure of the Plaintiff and the Defendant, the age and parenting of the principal of the case, the intent of fostering the Plaintiff, and the import and property status of the Plaintiff and the Defendant, it is reasonable to designate the Plaintiff as a person with parental authority and the custodian of the instant principal of the case, and the Defendant shall pay the Plaintiff KRW 650,000 per month from July 8, 2015 to the day before the principal of the instant case becomes the full adult.

3. Conclusion

Therefore, the plaintiff's claim for divorce is accepted on the grounds of the above recognition, and only part of the claim is accepted on the grounds of the above recognition, and the designation of a person with parental authority and a custodian, and the child support shall be determined as above. It is so decided as per Disposition.