2018Ddan201456 (Divorce, etc.)

2018Ddan212708 (Counterclaim), divorce, consolation money, etc.

A

Section B.

C

November 28, 2018

December 19, 2018

1. The plaintiff (the counterclaim defendant) and the defendant (the counterclaim plaintiff) are divorced by the principal lawsuit and the counterclaim.

2. The Defendant (Counterclaim Plaintiff) pays to the Plaintiff (Counterclaim Defendant) the amount of consolation money of KRW 10 million with 5% per annum from February 10, 2018 to December 19, 2018, and 15% per annum from the next day to the day of full payment.

3. The plaintiff (Counterclaim defendant)'s remaining claim for consolation money and the defendant (Counterclaim plaintiff)'s counterclaim consolation money are dismissed, respectively.

4. The Defendant (Counterclaim Plaintiff) pays to the Plaintiff (Counterclaim Defendant) 120 million won as division of property and 50 million won with 5% interest per annum from the day following the day this judgment became final and conclusive to the day of complete payment.

5. He shall designate a person with parental authority and a custodian of the principal of the case as the plaintiff (a counterclaim defendant).

6. The Defendant (Counterclaim Plaintiff) pays to the Plaintiff (Counterclaim Defendant) KRW 700,000 per month from March 1, 2022 to the day before the principal of the case reaches the age of majority.

7. The Defendant (Counterclaim Plaintiff) may hold an interview with the principal of the case by the day before the principal of the case reaches his majority. The Plaintiff (Counterclaim Defendant) shall actively cooperate with the visitation, and shall not interfere with the interview.

(a) A schedule: The second, the fourth Saturday: 10 to 18:00 the following day (one day 2 days); and

(b) Place: A place designated by the Defendant (Counterclaim Plaintiff);

(c) Method: The method by which the Defendant (Counterclaim Plaintiff) delivered the principal of the case at the place of residence of the principal of the case or at the place promised with the Plaintiff (Counterclaim Defendant) and participated in the interview in an appropriate way and then deliver the principal of the case at the same place;

D. The Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) may, through prior consultation, change the schedule, place, and method of the visitation right.

8. The total cost of the lawsuit shall be borne individually by each party.

19.Paragraph 2 can be provisionally executed.

The principal suit: (1) and (5) of the disposition of this case and the defendant (the plaintiff hereinafter "the plaintiff ") pay 30 million won as consolation money and 15% per annum to the plaintiff (the plaintiff hereinafter "the plaintiff ") from the day after the delivery of the complaint of this case to the day of full payment. The defendant shall pay to the plaintiff 165 million won as division of property and 5% per annum from the day after the day after the judgment became final to the day after full payment is complete. The defendant shall pay to the plaintiff 1 the child support of this case to the plaintiff 70 million won per annum from the day following the day after the delivery of the complaint of this case to November 16, 2026 to the day after the last day of each month. The defendant shall pay to the defendant 160 million won as consolation money and the plaintiff 30 million won as consolation money and the plaintiff shall pay to the defendant 160 million won as the last day of each month the child support of this case to the day after the date of full payment.

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

A. Facts of recognition

(1) The Plaintiff and the Defendant filed a marriage report on August 14, 1999, and between them, 00 were born. The Plaintiff and the Defendant suffered conflict due to the Plaintiff’s religious activities and drinking problems, etc., and the agreement on February 21, 2001 was married.

(2) The plaintiff and the defendant agreed to and reported the marriage on October 2, 2004, and the principal of the case was born between them.

(3) After the judgment of the plaintiff and the defendant, the plaintiff did not engage in religious activities. However, the defendant frequently dices alcohol, dices alcohol, performed abusive and verbal abuse to the plaintiff after drinking alcohol, and performed abusive and verbal behavior before his children.

(4) On April 15, 2017, the Defendant: (a) filed a claim with the Plaintiff for air conditioners, including 00 Ebrates, etc. on the part of the Plaintiff; and (b) made a bath and verbal abuse to the Plaintiff around April 21, 2017; (c) on the part of the Plaintiff, the Plaintiff got home and went home to the Plaintiff; but (d) the Plaintiff got home to go to the Plaintiff while seeking to use for the Plaintiff’s religious activities; (c) the Plaintiff continued to have a church on Saturdays; and (d) the Defendant was a 00 church and suffered damage from the 00 church; and (e) the Plaintiff took a speech and behavior to criticize the Plaintiff.

(5) The Plaintiff and the Defendant continued to conflict due to the Plaintiff’s religious activities, the Defendant’s drinking, verbal abuse, etc., and the Plaintiff was living separately until now since January 5, 2018.

[Ground of recognition] Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3, investigation report by family investigator, and whole purport of oral argument

B. Determination

(1) A claim for divorce of principal lawsuit: there are reasons under Article 840 subparag. 3 and 6 of the Civil Act.

(2) Counterclaim divorce claim: A ground under Article 840 subparagraph 6 of the Civil Act exists.

(3) Claim for consolation money in the principal lawsuit: 10 million won and damages for delay shall be accepted within the extent of 10 million won.

(4) Counterclaim consolation money claim: there is no reason.

[Grounds for Determination]

1. Recognition of the failure of marriage ① In light of the various circumstances revealed in the arguments of this case, the above recognized facts, the plaintiff and the defendant, claiming for a counterclaim, and wanting a divorce, and the plaintiff and the defendant separate from January 2018, and there was no active effort to recover the marriage, and the plaintiff and the defendant have been divorced due to the religious activities and drinking problems even before, and the marriage between the plaintiff and the defendant was no longer recovered.

② According to the facts acknowledged earlier, the Defendant’s liability for the dissolution of marriage was determined as follows: (a) the Plaintiff caused conflicts by doing religious activities despite the fear of the Defendant, and (b) January 5, 2018. However, the Defendant’s liability is recognized as more serious than the Plaintiff when taking account of the following factors: (a) the Defendant permitted the Plaintiff to do religious activities after the dispute on April 21, 2017; (b) the Plaintiff neglected to do domestic or childcare by taking advantage of his/her religious activities, or there is no circumstance that the Plaintiff neglected to do so, or caused a b) the Plaintiff’s religious activities; (c) the Plaintiff’s criticism caused conflicts; (d) the Defendant’s frequent drinking and verbal abuse against the Plaintiff; and (e) the Defendant’s frequent drinking and verbal abuse against the Plaintiff, etc.

③ The amount of consolation money: The amount of consolation money to be paid to the plaintiff at a high-priced level shall be determined as KRW 10 million, in full view of the various circumstances shown in the pleadings of the instant case, such as the details and degree of responsibility of the marriage and the marriage period and the separate living period, the age and property status of the plaintiff and the defendant, which

C. Sub-committee

The plaintiff is divorced by the principal lawsuit and counterclaim, and the defendant is obligated to pay to the plaintiff the consolation money of KRW 10 million, and the defendant is obligated to pay to the plaintiff damages for delay calculated by the rate of 5% per annum under the Civil Act until December 19, 2018, which is the date of the judgment of this case, which is deemed reasonable for the defendant to dispute about the existence and scope of the obligation to perform as to the plaintiff from February 10, 2018, which is the day following the delivery of the complaint of this case.

2. Determination as to the claim for division of property

(a) Property and value subject to division: The same shall be as stated in the list of property subject to division in attached Form 1 (for financial assets, in principle, the calculation shall be based on January 5, 2018, which is mixed carbon);

B. Determination of the allegations by the parties: The grounds for recognition of the list of properties subject to division in the annexed Form 1 and the reasons for non-recognition of the list of properties subject to division in the annexed Form 2 are as stated in the column

(c) Ratio and method of division of property;

(1) Division ratio: Plaintiff 40%, Defendant 60%

[Ground of determination] On December 6, 2002, the Defendant acquired an apartment building in Busan-dong, Busan-dong on the basis of divorce with the Plaintiff; on December 27, 2013, sold the amount of KRW 1100,500,000 and used it as the purchase price for the present residence; on the other hand, there are circumstances in which part of the money was waste, such as purchase of unnecessary goods by the Plaintiff at multi-level; on other hand, the developments leading up to the acquisition and use of active property subject to division; the degree of contribution to the formation and maintenance; the background leading up to the occurrence of income assets; the age of the original and the Defendant; occupation; the process and period of marital life; and other circumstances.

(2) The method of division of property: considering the name and form of the property subject to division, the process of acquisition, convenience of division, etc., the part that ultimately falls short of the amount to be reverted to the Plaintiff according to the above division ratio shall be paid in cash by the Defendant to the Plaintiff.

(3) Property division amount that the Defendant shall pay to the Plaintiff

[Calculation Form] ① The Plaintiff’s body based on the division ratio of property among the Plaintiff’s net property

Total net property of the Plaintiff and the Defendant 345, 391, 744 won x 40% = 138, 156, 697 won

(2) Amount under paragraph (1) after deducting the Plaintiff’s net property.

138, 156, 697 won - 13, 183, 022 won = 124, 973, 675 won

[3] Division of property that the Defendant pays to the Plaintiff

② The amount exceeding the amount under the above paragraph exceeds 120 million won and 5 million won

D. Sub-committee

The defendant is obligated to pay to the plaintiff 120 million won as division of property and damages for delay calculated by the rate of 5% per annum from the day following the day when this judgment becomes final and conclusive to the day of full payment.

3. Determination on the bringing-up of a child

(a) Person in parental authority and custodian of the principal of the case: He shall be designated as the plaintiff; and

[Ground of determination] The plaintiff is raising the principal of the case after the plaintiff was living separately by the plaintiff and the plaintiff, taking into account various circumstances such as the situation of fostering, the situation of fostering, the rearing environment, the age and gender of the principal of the case, the intention of the parties, the circumstance of marriage dissolution, etc.

(b) Child support;

From March 1, 2022 to the day before the principal of this case reaches the age of majority, it is determined that the principal of this case will pay KRW 700,000 per month to the end of each month.

[Ground of determination] The Plaintiff expressed his/her intent to bear the child support of the principal of this case as the Plaintiff bears a significant portion of the education expenses and living expenses of the principal of this case on the basis of the standard child support calculation table in Seoul Family Court on 2017, including the Plaintiff’s age and occupation, import, property, the age and state of custody of the principal of this case, and the amount of the standard child support on the basis of the standard child support calculation table in Seoul Family Court, and the Defendant expressed his/her intention to bear the child support of the principal of this case. Thus, the Plaintiff’s burden of the child support of the principal of this case until the university graduate from the university of 00 is equitable.

(c) Interview right;

The Defendant, who is not a child-care guardian, has the right to visitation with the principal of the case, unless it is contrary to the welfare of the principal of the case. Taking into account the various circumstances surrounding the argument of the case, such as the age, parenting situation, living environment, and the intention of the parties, setting visitation right as described in the Disposition No. 7 is reasonable for the emotional stability and welfare of the principal of the case.

4. Conclusion

The plaintiff and the defendant's claim for divorce of the principal lawsuit and counterclaim shall be accepted for reasonable grounds, and the plaintiff's claim for consolation money of the principal lawsuit shall be accepted within the extent of the above recognition, and the plaintiff's claim for consolation money of the principal

The defendant's counterclaim claim for consolation money is dismissed as it is without merit. The plaintiff's claim for division of property in the principal lawsuit, the plaintiff's principal lawsuit, the defendant's claim for designation of a person with parental authority and a custodian, and the visitation right shall be determined as above.

Judges Yoon Jae-nam