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(영문) 부산가정법원 2016.5.13.선고 2015드단12853 판결
이혼등
Cases

2015dwards 12853 Divorce, etc.

Plaintiff

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

Address Masan City

Seoul basic domicile

Attorney Lee Do-young

Defendant

KimB (************ 2***********)))

Current unknown whereabouts;

Last Address Busan

Reference domicile Daegu

Conclusion of Pleadings

April 22, 2016

Imposition of Judgment

May 13, 2016

Text

1. The plaintiff and the defendant are divorced.

2. The defendant shall pay to the plaintiff 10,00,000 won with 15% interest per annum from November 6, 2015 to the date of complete payment. 3. The plaintiff's remaining claims are dismissed.

4. The costs of the lawsuit shall be borne by the defendant.

Purport of claim

The judgment of the court below and the defendant shall pay to the plaintiff 10 million won with 20% interest per annum from the day after the delivery of the lawsuit of this case to the day of complete payment.

Reasons

1. Indication of claim;

(a) Reporting on February 21, 2013;

B. Existence of a judicial divorce (Article 840 subparag. 2 and 6 of the Civil Act)

The defendant, while departing from China, is about three self-government cancer and is expected to receive treatment by entering Section Section 3, and there is no contact until now by deceiving the plaintiff on April 25, 2015. Accordingly, the marriage relationship between the plaintiff and the defendant became difficult to recover.

(c) Compensation money;

The amount of consolation money is set at KRW 10,00,00 in consideration of all the circumstances shown in the pleadings of the instant case, including the grounds for divorce, the process and period of marital life of the Plaintiff and the Defendant, and the developments leading to the dissolution of marriage. 2. Part of the period: The Plaintiff sought payment of damages for delay at the rate of 20% per annum from the day following the delivery of the instant complaint. However, according to the amendment of the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings, the statutory interest rate of October 1, 2015 is 15 per annum, and thus, the part claiming damages for delay exceeding the scope is dismissed.

3. Grounds for recognition;

Article 12 of the Family Litigation Act, Article 208 (3) 3 of the Civil Procedure Act)

Judges

Judges Kim Jong-soo

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