2015Dhap1225 Divorce, etc.

Article 00 (61)

Busan Address

Gu Head of the District Office

Law Firm Doz.

Park* (56)

Busan Address

Gu Head of the District Office

Law Firm Doz.

August 18, 2016

September 22, 2016

1. The plaintiff and the defendant are divorced.

2. The defendant shall pay the plaintiff 10,00,00 won as consolation money, and 5% per annum from November 24, 2015 to September 22, 2016, and 15% per annum from the next day to the day of complete payment.

3. The plaintiff's remaining claim for consolation money is dismissed.

4. The defendant shall pay to the plaintiff 160,00,000 won as division of property and 5% interest per annum from the day following the day when this judgment became final to the day of complete payment.

5. 1/10 of the costs of lawsuit shall be borne by the plaintiff, and the remainder by the defendant.

6. Paragraph 2 can be provisionally executed.

The defendant shall pay to the plaintiff 30,00,000 won as consolation money and 15% interest per annum from the day after the day of delivery of the copy of the lawsuit in this case to the day of complete payment.

1. Determination as to the claim of divorce and consolation money

A. Facts of recognition

1) The Plaintiff and the Defendant entered a marriage around 1984, and on November 11, 1985, up to two children of full age, who were married married under the law that completed the marriage report.

2) The plaintiff and the defendant suffered conflict between the defendant's drinking, late home, living expenses, etc. during the marriage period, and they did not have a sexual relationship with each other for a considerable period of time.

3) The Defendant paid retirement allowances to the Plaintiff, while receiving approximately KRW 200 million as retirement allowances and honorary retirement allowances, in around 2010,********, while retired in a stock company, as retirement allowances and honorary retirement allowances, only the said money was paid to the Plaintiff. Since then, the Plaintiff became aware of the above fact, and the relationship between the Plaintiff and the Defendant became worse.

[Ground of recognition] Each entry of Gap evidence 1 to 4 and 7 (including number number for each item; hereinafter the same shall apply), family investigation report, and the purport of the whole pleadings

B. Determination

1) Divorce claim: there are reasons under Article 840 subparagraph 6 of the Civil Act.

2) Claim for consolation money: 10,000,000 won

[Grounds for Determination]

① Recognition of the failure of marriage: The Plaintiff is seeking a divorce by the instant lawsuit, and the Defendant asserts that it does not want the divorce, but does not make any effort to recover the relationship, and the Plaintiff and the Defendant seem to have no possibility of restoring each other’s trust and continuing their marital life.

(2) The Defendant is mainly responsible for the failure of the marriage: If the entire arguments were taken in the above facts of recognition, the Defendant not only neglected at home during the marriage period, but also arbitrarily consumed the amount of money received at the time of retirement to the Defendant, and did not make any reflective efforts to restore the Plaintiff’s trust and to maintain the marriage. Accordingly, the fundamental and main responsibility for the failure of the marriage of this case appears to exist in the Defendant.

③ The Defendant’s duty to pay consolation money to the Plaintiff: the Defendant is obligated to pay consolation money for mental distress caused by the failure of marriage. The amount was determined by taking into account the following circumstances: the cause and degree of responsibility of the Plaintiff due to the failure of marriage; the period of marriage of the Plaintiff and the Defendant; and the period of marriage of the Plaintiff and the Defendant; the occupation and economic power as seen earlier; and

C. Sub-determination

Therefore, the plaintiff is divorced from the defendant, and the defendant is obliged to pay to the plaintiff the consolation money of 10,00,000 won and the marital relationship with the plaintiff, and to pay damages for delay calculated at the rate of 15% per annum under the Civil Act until September 22, 2016, which is the date of delivery of a copy of the complaint of this case, which is the day after November 24, 2015, which is the day following the day of delivery of a copy of the complaint of this case, to the day of complete payment.

2. Determination as to the claim for division of property

A. Details about the formation of the property;

1) The defendant was from time of marriage****** Working in a stock company* was voluntarily retired at around 2010, and was working in around 000 from around November 201.

2) The Plaintiff was mainly in charge of raising home affairs and children during the marriage period.

3) On October 17, 1985, the Plaintiff and the Defendant acquired the Plaintiff’s name of the Dongdong-gu, Busan (hereinafter “the apartment of this case”) under the name of the Defendant, and thereafter, leased the lease deposit amount of KRW 180,000,000 under the name of the Defendant and live there.

4) The Plaintiff and the Defendant, while living together as above, formed property and led to the household.

[Ground of recognition] The written evidence Nos. 7 and 9, family investigation report, and the purport of the whole pleadings

(b) Property subject to division;

1) Plaintiff’s active and negative property: None of the following:

2) Defendant’s active property

① Apartment 230, 000, 000 won

② Claim 180, 000, 000

3) Defendant’s small property

90,000,000 won for the return of lease deposit against the apartment of this case

[Ground of recognition] Gap evidence No. 6 and the purport of the whole pleading

(c) The value of property to be divided;

1) Plaintiff’s net property: 0 won

2) The Defendant’s net property: 320,00,000 won = 230,000,000 + 180,000,000,000 won - 90,000 won -90,000,000 won)

3) Total amount of net property of Won and the defendant: 320,000,000

(e) Ratio and method of division of property;

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

[Ground of determination] The above circumstances revealed in the argument of this case, such as the source of the formation and maintenance of the property subject to division, the defendant's contribution to the formation and maintenance of the property subject to division, the process, period, and reason for the failure of marriage, the defendant's arbitrary consumption of part of the retirement allowance, the original and the defendant's age, and future income activities

2) Method of division of property: The Defendant’s payment of money to the Plaintiff out of the amount to be reverted to the Plaintiff according to the above division ratio, considering the parties’ intentions, etc.

3) Property division amount to be paid by the Defendant to the Plaintiff: 160,000,000 won

【Calculation Form】

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

Total net property 320,00,000 won x 50% = 160,000,000 won

② Division of property that the Defendant pays to the Plaintiff

① Amount of the above paragraph 160,00,000 won - Amount of the Plaintiff’s net property = 160,000,000 won

E. Sub-determination

Therefore, the defendant is obligated to pay the plaintiff 160,00,000 won as division of property and damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from the day following the day when this judgment becomes final and conclusive to the day of full payment.

3. Conclusion

Therefore, the claim for divorce of this case is accepted on the grounds of the above recognition, and the claim for consolation money is accepted within the above recognition scope, and the remainder is dismissed on the grounds of the reason, and the division of property is determined as above. It is so decided as per Disposition.

Judges Do-constition

Judges Park Jong-hee

Judges Cho Jae-sung