2015u407 (Divorce, etc.) Divorce

2015u414 (Counterclaims) Divorce, etc.

KimA (************ 2***********)))

Busan Address

Busan District Court

Law Firm Doz.

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

Busan Address

Reference domicile Jinju City

Attorney Lee Do-young

Busan Family Court Decision 2014Ra2699 (Main Office) decided October 22, 2015, 2014Rad 2014

Article 21881 (Judgment on Counterclaim)

March 10, 2016

April 21, 2016

1. The division of property in the judgment of the court of first instance shall be modified as follows:

Plaintiff (Counterclaim Defendant) paid to Defendant (Counterclaim Plaintiff) 60,000,000 as division of property and 5% per annum from the day following the day of the instant judgment to the day of full payment.

2. The remaining appeal by the Defendant (Counterclaim Plaintiff) and the incidental appeal by the Plaintiff (Counterclaim Defendant) are dismissed, respectively.

3. The total cost of the lawsuit is assessed against Plaintiff (Counterclaim Defendant) for 40% of the total cost of the principal lawsuit and the counterclaim, and the remainder is assessed against Defendant (Counterclaim Plaintiff).

Purport of claim, purport of appeal and incidental appeal

1. Purport of claim

In the principal lawsuit: The plaintiff (the counter defendant, hereinafter referred to as the "Plaintiff") and the defendant (the counter plaintiff; hereinafter referred to as the "Defendant") are limited to the plaintiff (the counter plaintiff; hereinafter referred to as the "Defendant").

C) The defendant shall be divorced. The defendant shall be consolation money of 30,000,000 won and the complaint of this case against the plaintiff.

The amount of money shall be paid at the rate of 20% per annum from the day after the delivery date of the duplicate to the day of full payment.

Counterclaim: The plaintiff shall be divorced from the defendant. The plaintiff shall be consolation money of 20,000,000 won and its substitute.

shall be calculated at the rate of 20% per annum from the day after the copy of the counterclaim of this case is served to the day of complete payment.

D. The plaintiff shall pay to the defendant the amount of 95,800,000 won and this decision

The amount of money shall be paid at the rate of 20% per annum from the day after the day of confirmation to the day of full payment.

2. The defendant's purport of appeal

(a) Revocation of the part against the defendant among the part concerning the principal lawsuit of the judgment of the court of first instance, and revocation thereof;

The plaintiff's main claim is dismissed.

B. The part concerning the counterclaim of the judgment of the court of first instance shall be revoked. By means of a counterclaim, the plaintiff and the defendant shall be divorced.

c. The plaintiff's counterclaim 20,000,000 won as consolation money and the plaintiff's duplicate transmission of the counterclaim of this case to the defendant

D. The Plaintiff shall pay 15% interest per annum from the day following the day of the month to the day of full payment. The Plaintiff shall be the Defendant.

property division of 95, 800, 000 won and the day after full payment is made to the person from the day after this judgment becomes final and conclusive.

shall pay 5% interest per annum to the Corporation.

3. Purport of the plaintiff's incidental appeal

A. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following portion constitutes an additional payment order:

the part against the plaintiff is revoked. The defendant shall pay consolation money to the plaintiff 20,000,000 won and its substitute to the plaintiff.

B. From February 21, 2014 to October 22, 2015, 5% per annum and from the next day to the day of full payment.

20% interest shall be paid in 20% interest.

B. Revocation of the part against the plaintiff among the part concerning the counterclaim of the judgment of the court of first instance, and revocation of the above part

The defendant's counterclaim is dismissed.

1. Determination on the claim for divorce and consolation money against each principal lawsuit and counterclaim

The court's explanation on this part is the same as the reasoning of the judgment of the court of first instance. Thus, this part of the court's explanation is citing it in accordance with Article 12 of the Civil Procedure Act and the main text of Article 420 of the Civil Procedure Act.

2. Determination on the counterclaim for division of property

A. Details about the formation of the property;

1) During the marriage period, the Plaintiff was mainly in charge of household affairs and child care, and was engaged in economic activities, such as insurance solicitors and singing rooms, and the Defendant was driving urban buses and personal taxi businesses.

2) The Plaintiff and the Defendant purchased on October 16, 1995, Busan* Dong** Dong********* apartment****** apartment************************ (the instant apartment) on the ground of donation on January 4, 2008, and completed the registration of ownership transfer in the Plaintiff’s name.

(b) Property and value to be divided;

1) Property to be divided: as shown in the list of property to be divided in attached Form 1.

2) The value of the property to be divided;

A) Plaintiff’s net property: 190, 762, 651 won

B) Defendant’s net property: 70, 308, 820 won

C) the aggregate of the net property of Won and the defendant: 261,071, 471 won

[Ground of recognition] Each entry in Gap's 3 through 8, 11 through 16, 18 through 26, 28, 30 through 34, 47, Eul's 1 through 4, and 6 through 10 (including the number number; hereinafter the same shall apply), the national bank of this Court, the Samsung Fire Insurance, the C&S Insurance, the C&S life insurance, the Slock Insurance, and the notice of the whole pleadings, as a result of the order to submit each financial transaction information to Korea Post;

C. Judgment on the parties’ assertion

Among the list of property subject to division and the list of property non-recognized in attached Form 1, each of the parties' arguments and judgments shall be as shown in the column.

(d) Ratio and method of division of property;

1) Division ratio of property: Plaintiff 50%, Defendant 50%

[Ground of determination] The degree of contribution of the Plaintiff and the Defendant to the formation and maintenance of the property subject to division as seen above, and other circumstances shown in the argument of this case, such as the process, period, reason for failure of marriage, the original and defendant's age, future income activities, etc.

2) Method of division of property: The Plaintiff shall pay to the Defendant the insufficient part of the amount to be reverted to the Defendant according to the above division ratio in consideration of the name and form of the property subject to division, the grounds for acquisition and the use of the property, the convenience of division, etc.

3) Property division amount to be paid by the Plaintiff to the Defendant: 60,000,000 won

【Calculation Form】

① The Defendant’s share according to the division ratio of property among the Plaintiff and Defendant’s net property

Total net property 261,071, 471 won x 50% = 130, 535, 735 won (turf less than won)

(2) The amount under paragraph (1) which deducts the defendant's net property.

60, 226, 915 won ( = 130, 535, 735 won - 70, 308, 820 won)

③ Division of property that the Plaintiff pays to the Defendant

② The amount set forth in the above paragraph 60,000,000 won less than the amount set forth in

E. Sub-determination

Therefore, the Plaintiff is obligated to pay to the Defendant 60,00,000 won as division of property, and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the day following the day when the judgment of this case is finalized to the day of full payment.

3. Conclusion

Therefore, the part concerning divorce among the principal claim of this case cites the part concerning consolation money within the scope of the above recognition, and the part concerning consolation money is dismissed. The part concerning divorce and consolation money among the counterclaim of this case is dismissed, and the part concerning division of property is reasonable as above. The part concerning divorce and counterclaim of the principal claim and counterclaim of this case in the judgment of the first instance is just in conclusion, and each appeal and incidental appeal of this case are dismissed, and the part concerning division of property in the judgment of the first instance is unfair, and it is so modified as above.

Judges Do-constition

Judges Park Jong-hee

Judges Cho Jae-sung