208Dhap590 (principal office) Divorce

208Dhap606 (Counterclaim) Divorce

P (54years, South)

Attorney Yoon Jin-jin, Counsel for the defendant-appellant

D (57 years old, female)

Attorney Lee Jong-soo, Counsel for the plaintiff-appellant

September 1, 2008

September 25, 2008

1. In accordance with the principal lawsuit, the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are divorced.

2. The Defendant (Counterclaim Plaintiff) pays 20 million won as consolation money to the Plaintiff (Counterclaim Defendant) and 5% per annum from April 29, 2008 to September 25, 2008, and 20% per annum from the following day to the day of full payment.

3. The plaintiff (Counterclaim defendant)'s remaining principal claim of consolation money and the defendant (Counterclaim plaintiff)'s counterclaim of divorce are dismissed.

4. Of the litigation costs (including principal lawsuit and counterclaim), 1/4 shall be borne, respectively, by the Plaintiff (Counterclaim Defendant) and the remainder by the Defendant (Counterclaim Plaintiff).

5. Paragraph 2 can be provisionally executed.

The main claim: (1) of this case and the defendant (hereinafter referred to as the "defendant") pay 80 million won as consolation money to the plaintiff (the counter defendant; hereinafter referred to as the "Plaintiff") at the rate of 20% per annum from the day after the delivery of the copy of the claim and the correction of the cause of the main claim of this case to the day of complete payment.

Counterclaim: The plaintiff and the defendant shall be divorced by means of a counterclaim.

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Facts of recognition;

A. The plaintiff and the defendant are legally married couple who completed the marriage report on 1984, and have a child of full age A as their children.

B. Around March 2003, the Defendant started to leave the knives religious organization, and the Plaintiff suspected of having a relationship between the Defendant and the above religious organization B, and the Defendant left the military and the Defendant on April 19, 2004. The Defendant, from July 2004 to July 23, 2006, was living together with his body in the same room as above B.

D. Around September 2006, the Plaintiff filed a complaint against the Defendant and B as a crime of adultery, and B received a disposition of suspending prosecution for the reason of unknown whereabouts up to the present date. The Defendant was in the state of receiving a disposition of non-prosecution on June 22, 2006 and July 23, 2006 with B, but the Defendant was not subject to a disposition of non-prosecution on the charge of adultery on July 23, 2006, but was prosecuted for the adultery on July 23, 2006, and was currently in the trial of the first instance as Busan District Court Branch 2007 order 1529.

E. At present, both the Plaintiff and the Defendant want to divorce.

[Identification Evidence: Omitted]

2. Determination on the claim for divorce and consolation money

A. According to the above facts of recognition, the marriage between the plaintiff and the defendant has already been broken down to the extent that it is impossible to see, and the principal cause of the failure is the defendant's wrong act, such as making a living together with B from July 19, 2004 to July 23, 2006, and the defendant's act constitutes a cause of judicial divorce under subparagraphs 1 and 6 of Article 840 of the Civil Act. Thus, the plaintiff's claim for divorce on this ground is justified.

Furthermore, as seen above, it is clear in light of the empirical rule that the plaintiff suffered severe mental pain due to the failure of the marital relationship between the plaintiff and the defendant due to the defendant's act of the defendant's fault, and therefore, the defendant is obligated to pay it to the plaintiff in cash. In light of various circumstances, such as the plaintiff and the defendant's age, occupation, property level, the process of marital life, the period of continuance of the marital life, the period of continuing failure, etc., as shown in the argument of this case, the amount of consolation money

B. As a counterclaim, the Defendant: (a) assaulted the Defendant from time to time to time until the body of the Defendant left the place of the Defendant, such as assaulting the Defendant by using leathers until it becomes a satisfy; and (b) requested the Defendant to borrow money from the Defendant due to difficulties in drinking circumstances operated by the Plaintiff, such as demanding the repayment of the loan; (c) however, (d) the Defendant, who was going to the Plaintiff to live well with the Plaintiff, was placed in a satfy, and was placed in a satch, thereby making the Defendant appear in a satfy; and (d) even without having committed unlawful acts with B, the Defendant filed a principal divorce lawsuit and a satfy notice; and (e) on August 24, 2006, the Plaintiff’s satfys the instant marital relationship due to the Plaintiff’s act, such as assaulting the Defendant who was going to a divorce claim against the Plaintiff; and (e) public health class and the Defendant’s failure caused the failure of divorce between the Plaintiff and the Plaintiff’s 12.

C. Therefore, according to the principal lawsuit, the plaintiff is divorced from the defendant, and the defendant is obligated to pay to the plaintiff 20 million won consolation money with 5% per annum under the Civil Act from April 29, 2008 to September 25, 2008, which is the day following the delivery day of the copy of the claim for claim and the cause of correction of the principal lawsuit of this case, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

3. Conclusion

Therefore, the plaintiff's claim for divorce and the claim for consolation money within the scope of the above recognition are justified. The plaintiff's remaining claim for consolation money and the defendant's counterclaim for divorce are dismissed as it is without merit. It is so decided as per Disposition.

Judges of the presiding judge, Gimcheoncheon

Judges Lee Jin-jin

Judges Gin-gu