2016dward8325 Divorce, etc.

A person shall be appointed.

Defendant B

April 10, 2018

May 1, 2018

1. The plaintiff and the defendant are divorced.

2. The defendant shall pay consolation money of KRW 30 million to the plaintiff.

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

4. Paragraph 1 can be provisionally executed.

The order is as set forth in the text.

1. Facts of recognition;

A. The plaintiff and the defendant are legal couple who reported marriage on March 16, 1993, and they are adults among themselves.

have been married.

B. At around 2003, the Defendant met A at an elementary school alumni meeting, and maintained an inappropriate Mannam, such as where the Defendant visited Busan around 2005 to 2006, and where the Defendant visited Busan, the Defendant: (a) from that time, the Defendant continued to communicate frequently from that time until 2012.

C. Meanwhile, since around 2005, the Defendant had been employed as the representative director of the service company established for the redevelopment project in Busan-dong, Busan-dong, and did not repay the total amount of KRW 59 million. The Defendant demanded the repayment, but filed a criminal complaint against the Defendant as a crime of fraud around 2014.

D. The Plaintiff filed a criminal complaint against the Defendant and brought the Defendant and the Defendant and the Party A to an inappropriate reach for a long time through the trial process. In that process, the Defendant became aware of the fact that the Defendant had harmed the Defendant’s high gifts, such as scambling and locking away.

E. On July 9, 2015, the Plaintiff filed a lawsuit against the Defendant, including divorce, with the Busan Family Court. However, as the Plaintiff was absent on two occasions at the date for pleading, the instant case was concluded on February 16, 2016 as a withdrawal recommendation.

F. On June 24, 2016, the Plaintiff filed the instant lawsuit against the Defendant again.

G. Meanwhile, the Defendant’s criminal history, which had been subject to criminal punishment due to fraud during the marriage period, has reached a number of times, and is currently serving in prison as of the following: (a) four criminal charges including frauds against A; and (b) the appellate court rendered a judgment dismissing the appeal on the part of the crime of special injury (one year and six months). (c) The above judgment became final and conclusive as of September 21, 2017.

[Ground of recognition] Unsatisfy, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination

A. Part on the claim for divorce

According to the above facts, according to various circumstances, the defendant committed a long-term fraudulent act with Gap, and even if multiple times of frauds, the defendant again committed a fraud and a special injury, which led to a long-term deprivation. The marriage relationship between the plaintiff and the defendant led to a failure to recover any longer due to the plaintiff's neglect of trust and trust, which constitutes a cause for judicial divorce under Article 840 subparagraph 6 of the Civil Act. This constitutes a cause for judicial divorce under Article 840 subparagraph 6 of the Civil Act (at the latest, the plaintiff was aware of the illegal act with the defendant on November 2014. Thus, the claim for divorce on the ground of a fraudulent act has expired the limitation period under Article 841 of the Civil Act, and thus, is rejected).

B. The part claiming consolation money

Since the marriage relationship between the plaintiff and the defendant caused the failure due to the reasons attributable to the defendant, and the plaintiff's considerable mental suffering is obvious in light of the empirical rule that the plaintiff was suffering from considerable mental suffering, the defendant

There is a responsibility for compensating for mental damages caused by the failure of marriage.

Furthermore, with regard to the amount of consolation money, the amount of consolation money that the Defendant shall pay to the Plaintiff shall be determined as KRW 30 million, in consideration of various circumstances such as the health team, the period of marriage and family relationship between the Plaintiff and the Defendant, the developments leading up to and degree of responsibility for marriage-related failure, the age, occupation and economic ability, etc.

C. Sub-committee

Therefore, the plaintiff is divorced from the defendant, and the defendant is obligated to pay 30 million won to the plaintiff as consolation money as claimed by the plaintiff.

3. Conclusion

Therefore, the plaintiff's claim for divorce and the claim for consolation money shall be accepted for the reasons, and it is so decided as per Disposition.

Judges already appointed