2019dward210853 (principal office) Divorce

2019dden21458 (Counterclaims), divorce, etc.

A

A person shall be appointed.

7, 2020.4

May 12, 2020

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

2. The Plaintiff (Counterclaim Defendant) pays to the Defendant (Counterclaim Plaintiff) 20 million won as consolation money and 5% per annum from November 5, 2019 to May 12, 2020; and 12% per annum from the next day to the date of full payment.

3. The Plaintiff (Counterclaim Defendant)’s claim for divorce of the principal lawsuit and the remainder of the Defendant (Counterclaim Plaintiff)’s claim for consolation money and child support shall be dismissed.

4. The costs of the lawsuit shall be borne by each person. 5. Paragraph 2 above may be provisionally executed.

【Court of Second Instance】

Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”) and Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) have been divorced.

(c)

[Counterclaim]

Paragraph 1 of the Disposition and the plaintiff 1 are sent to the defendant, as consolation money, KRW 50 million, and a copy of this counterclaim.

Payment of 12% per annum from the day following the month to the day of full payment, and child support in the past;

5% per annum from the day following the day this judgment became final and conclusive to the day of complete payment with respect to 19,30 million Won

pay the amount of money calculated at the percentage of the Fund.

The following shall be deemed both a principal lawsuit and a counterclaim.

1. Facts of recognition;

A. The plaintiff and the defendant are legally married couple who reported marriage on March 11, 1991, and have two children of full age as their children.

B. There was a dispute between the Plaintiff and the Defendant on the economic issues, such as differences of character during the marriage life, the operation of beauty parlors, and the sharing of the burden of raising home and children, etc. The Plaintiff was dissatisfied with the Defendant, who was in the beauty room, who was bad to the Plaintiff, and was not able to care for home and children, and there was a complaint to think that the Defendant was neglected to care outside the Plaintiff, and that he was neglected at home. around 1998, the Plaintiff left a defective house in order to open a beauty room without the Plaintiff, and was staying in China for 10 years, and was living in China, and his mother was living in his house.

D. Defendant 1 operated cosmetic and brought up two children alone.

E. Meanwhile, the Plaintiff paid the Defendant KRW 300,000,000 to around September 11, 2002, KRW 290,000 to around November 5, 2003, KRW 6.1 million to around 2005, KRW 6.755,000 per month from January 2007 to February 2009, KRW 1,000 per month from the following month to October 2014; KRW 1,000 to May 1, 2018; and KRW 1,94,00,000 to KRW 2,00 per month from the following month to November 5, 2019 (the average amount to be paid).

[Ground of recognition] The entry of Gap 1 through 6 and the purport before the pleading

2. Judgment on the divorce of the principal lawsuit, counterclaim divorce and claim of consolation money

(a) A claim for divorce: None of the grounds therefor;

(b) A counterclaim divorce claim: A ground under Article 840 subparagraphs 2 and 6 of the Civil Act exists.

B. Claim for solatium consolation money: The reason exists within the range of KRW 20 million.

【Grounds for Determination】

In light of the various circumstances revealed in the pleadings of this case, such as the fact of the failure of the marriage relationship and the time of the failure of the above recognition and the fact that both the plaintiff and the defendant want a divorce, the plaintiff and the defendant are separated from around 1998, and have not made efforts to recover the marriage after the separation, etc., the marriage between the plaintiff and the defendant was no longer restored to the extent that they cannot be recovered.

Meanwhile, taking account of the following factors: (a) the time when Plaintiff and the Defendant were living separately; (b) the Plaintiff filed the instant principal suit against the Defendant on August 23, 2019; (c) the Defendant filed a counterclaim on November 1, 2019 and consented to divorce; and (d) the Defendant submitted the Plaintiff’s photograph that the Plaintiff committed an illegal act; (b) the time of taking pictures appears to be around November 1, 2019; (c) the marriage between the Plaintiff and the Defendant is recognized as having already existed in the state of dissipation from the Plaintiff’s delivery to another female.

○ Liability for failure in marriage relations

The Plaintiff did not unilaterally leave her aged children to the Defendant without a clear agreement on divorce or separate divorce, during the marriage life, and did not return home for a long time without unilaterally leaving them to the Defendant. Such mistake by the Plaintiff is reasonable (However, although the Defendant asserts that the Plaintiff was guilty, it does not take place for the same reason as the time when the marital relationship or the failure was reached at the time of the marriage or the failure).

The judgment of consolation money: The plaintiff has a duty to pay consolation money to the defendant as it is obvious that the marriage relationship between the plaintiff and the defendant has reached a failure due to the plaintiff's fault, and that the defendant has suffered mental loss. Furthermore, the amount of consolation money shall be determined as KRW 20 million in consideration of all the circumstances, including the health care unit, the period of marriage between the plaintiff and the defendant, the circumstances leading up to and responsible for the failure of the marriage, the age and occupation, etc.

C. Sub-committee

Therefore, the plaintiff is divorced from the plaintiff by counterclaim, and the plaintiff is obligated to pay to the defendant the compensation for delay calculated at each rate of 12% per annum as stipulated in the Civil Act from November 5, 2019 to May 12, 2020 and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. Determination on a claim for a counterclaim for child support

A. Summary of the assertion

The defendant asserts that since the birth of the second child (197), the plaintiff did not pay the child support of the second child, the defendant has a duty to pay the total of KRW 193 million for the child support calculated in 500,000 per capita per person of the case from that time to that time until the child reaches each age.

(b) judgment;

As seen earlier, the Plaintiff and the Defendant: (a) around 198; (b) around 300,00 won around September 11, 2002; (c) around 2003; (d) around 6.1 million won around 2005; (c) around 6.75 million won around 2006; (d) around 6.5 million won from January 2007 to February 2009; (e) around KRW 100,00 per month from the following month to October 2014; (e) around 100,000 or KRW 1.5 million from the following month to May 5, 2018; (e) during which the Plaintiff had no record of marriage; (e) during which the Plaintiff had no record of her child rearing expenses from around 200,000 won to around 194; (e) during which the Plaintiff had no record of her child rearing expenses; and (e) during the period from around 2000 years thereafter to May 200.

3. Conclusion

Therefore, the defendant's claim for divorce is accepted on the ground of the reason, and the claim for consolation money is accepted within the extent of the above recognition, and all of the plaintiff's claim for consolation money and the plaintiff's claim for divorce against the principal lawsuit are dismissed on the ground of the ground. It is so decided as per Disposition with the above

Judges already appointed