2015ddrid207255 (Divorce) Damage (Divorce)

2015drid 18066 (Counterclaim Condolence Money)

AA (NGUYEN*********.*************6*********))

Suwon-si

Nationality Vietnam

Attorney Lee Do-young

Attorney Lee Jae-soo

KimB

Busan

March 22, 2016

April 19, 2016

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit, the part incurred by the principal lawsuit shall be borne by Plaintiff (Counterclaim Defendant) and the part incurred by the counterclaim by Defendant (Counterclaim Plaintiff) respectively.

【Court of Second Instance】

The defendant (Counterclaim Plaintiff; hereinafter the defendant) pays to the plaintiff (Counterclaim defendant; hereinafter the plaintiff hereinafter the plaintiff) 2 million won as consolation money with 5% per annum from the day following the delivery of a copy of the complaint of this case to the day of the pronouncement of the judgment of this case, and 20% per annum from the next day to the day of full payment. [Counterclaim]

The plaintiff shall pay to the defendant 20 million won with 15% interest per annum from the day following the delivery of a copy of the counterclaim of this case to the day of complete payment.

1. Basic facts

The Plaintiff and the Defendant were legally married couple who reported the marriage on March 30, 2012, and the divorce decision on February 22, 2013 (the Busan Family Court 2012ddan27434) became final and conclusive and conclusive on February 22, 2013, and the divorce was not disputed or recognized by the purport of entry in Gap evidence 1 and all pleadings.

2. Determination as to the principal claim

A. The plaintiff's assertion

Since the marriage relationship has reached a failure due to the defendant's fault, such as the defendant's unfair treatment and wrong drinking habits, the defendant is obligated to pay consolation money to the plaintiff.

B. Determination

The evidence submitted by the plaintiff alone cannot be seen as having reached a failure due to the defendant's cause attributable to the defendant, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.

3. Determination on the counterclaim

A. The defendant's assertion

The plaintiff is using the defendant to enter Korea without the genuine intention of marriage. The plaintiff's act of marriage has broken down due to the plaintiff's reasons attributable to the plaintiff, such as refusing to enter Korea after entering Korea, refusing to engage in a sexual intercourse, and destroying cash that does not take place after leaving Korea, and neglecting to take care of the house. Since the marriage has broken down due to the plaintiff's reasons attributable to the plaintiff, the plaintiff is obligated to pay consolation money to the defendant.

B. Determination

The evidence submitted by the defendant alone cannot be seen as having reached a failure due to the plaintiff's cause attributable to the defendant, and there is no other evidence to acknowledge it. Thus, the defendant's assertion is without merit.

4. Conclusion

Thus, the plaintiff's main claim and the defendant's counterclaim are dismissed as all are without merit.

Judges Park Young-young