2017dward8360 (the principal lawsuit) Divorce and the designation of a custodian

2017dden211791 (Counterclaims), divorce, etc.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

May 30, 2018

July 4, 2018

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

2. The plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff)'s principal lawsuit and the counterclaim's damages claim are dismissed, respectively.

3. Defendant (Counterclaim Plaintiff) pays 88 million won to Plaintiff (Counterclaim Defendant) as division of property.

4. To designate a person with parental authority and a custodian of the principal of the case as the Defendant (Counterclaim Plaintiff).

5. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 400,000 per month from July 5, 2018 to the day before the principal of the case becomes adult as the child support for the principal of the case.

6. The Plaintiff (Counterclaim Defendant) may freely contact the principal of the instant case by the day before the principal reaches the age of majority. The Defendant (Counterclaim Plaintiff) actively cooperate with and shall not interfere with the visitation, and the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) shall respect to the intent and welfare of the principal of the instant case as much as possible in conducting the visitation.

7. The total costs of the lawsuit shall be borne individually by each party.

8. Paragraph 5 can be provisionally executed.

Main Action: (1) and Defendant (hereinafter “Defendant”) (Counterclaim Defendant, Counterclaim Plaintiff, hereinafter “Defendant”)

From the beginning, 'Plaintiff' is paid 50 million won as consolation money to 'Plaintiff', and 'Plaintiff' is paid 140 million won as division of property.

H. He shall designate the rearing of the principal of this case as the plaintiff.

Counterclaim: Claim Nos. 1 and 4 of this Decree and Claim No. 30 million won as consolation money to the defendant and the plaintiff

The amount of money shall be paid at the rate of 15% per annum from the day after the delivery of the counterclaim to the day of full payment.

The plaintiff is until April 18, 2020 from the day following the date this judgment was sentenced to the child support of the principal of the case.

50,000 won shall be paid at the end of each month.

1. Determination on the claim for divorce and consolation money between the principal lawsuit and counterclaim

A. The plaintiff and the defendant reported their marriage on March 7, 1994, and they had 00 children of the case principal and 00.

( 2 ) 피고는 원고의 외도를 의심하여 원고의 음주 및 늦은 귀가 문제로 원고와 자주 다투었다. 그 과정에서 피고는 물건을 부수기도 하였으며, 원고에게 여러 번 상해를 입혔다. 피고는 2016. 3. 20. 부엌칼로 원고의 손목 부위를 찌르고, 2016. 6. 16. 가위로 원고의 허리 부위를 찔러 각 봉합수술을 받게 하고, 2016. 12. 8. 원고를 때려 바닥에 넘어지게 하였고, 이 과정에서 머리를 다친 원고가 봉합수술을 받았다 . ( 3 ) 원고는 2016. 8. 이전부터 홍00에게 " 사랑합니다. ㅎㅎ " 라는 문자를 보내고, 함께 술을 마시자고 할 정도로 홍00과 친밀하게 지냈다. 원고는 2017. 2. 13. 원 · 피고의 주거지에서 홍00과 성관계를 가졌다 .

(4) On June 14, 2017, the Plaintiff was her home and her friendship. (5) The Defendant: (a) her last day from June 21, 2017 to June 26, 2017, her home her home her home her home and her home her home her home her home, and (b) her home her home her home and her home her home her home her home her home her home her home her home her home her home her home her day from June 21, 2017; and (c) her home her home her home her home her home her home her home her home her home her day her home her day her home her home her home her day her home her home her day her home her home her home her home her home her day her day her day her day her day her day her day her home.

[Ground of Recognition] Evidence Nos. 1 through 3, Evidence No. 6, Evidence No. 7, Evidence No. 18, Evidence No. 6, Evidence No. 7, Evidence No. 13, Evidence No. 15, Evidence No. 16, and the whole purport of oral argument No. 16

B. Determination

(1) A claim for a principal lawsuit: A claim for a counterclaim divorce for reasons under Article 840 subparag. 3 and 6 of the Civil Act (2). A claim for a principal lawsuit and a counterclaim solatium for reasons under Article 840 subparag. 6 of the Civil Act (3) are reasonable, and there are no reasons, respectively.

[Grounds for Determination]

① Recognition of the failure of marriage: (a) considering the various circumstances revealed in the pleadings of the instant case, such as the fact of recognition as above and the fact that the Plaintiff and the Defendant wish to divorce, and the Plaintiff and the Defendant were separated from June 14, 2017, and no effort was made to recover the marriage during the separate period, the marriage between the Plaintiff and the Defendant was no longer extinguished to the extent that it would no longer be recovered.

② The Plaintiff and the Defendant’s liability for the dissolution of a marriage are equal to that of the Plaintiff: (a) the Defendant committed several assaults against the Plaintiff to inflict injury on the Plaintiff; (b) the Plaintiff committed unlawful acts on July 25, 201; and (c) the Plaintiff and the Defendant breached their duty to live together and cooperate; (b) the Plaintiff and the Defendant’s liability for the dissolution of a marriage were equal inasmuch as the marriage relationship between the Plaintiff and the Defendant was broken down by multiple assaulting the Plaintiff; (c) the Plaintiff asserted one of the grounds for the dissolution of a marriage; (d) there was no unlawful act listed in the Plaintiff’s complaint; (e) there was no intention to recover the marital relationship; (e) the Plaintiff expressed his intention to divorce on July 21, 2017; and (e) there was no evidence to specify when and how the Defendant and the Defendant were closely related to the marriage of the Plaintiff and the Defendant; and (e) there was no reason to acknowledge the Plaintiff’s CCTV that the Defendant did not have any unlawful act during the marriage of the Plaintiff.

C. Sub-committee

The plaintiff and the defendant are divorced by the principal lawsuit and counterclaim, and the plaintiff and the defendant are equal to those of the plaintiff and the defendant, thus the claim for consolation money against each other shall not be accepted.

2. Determination as to the claim for division of property

A. Property and value subject to division: The same is as indicated in the attached Form 1 list of property subject to division (financial assets are calculated as of June 30, 2017, when the marriage relationship is terminated due to the Plaintiff’s coming home, in principle, at the time of the failure of the marriage due to the Plaintiff’s coming home, and the financial assets not claimed by both the Plaintiff and the Defendant are excluded

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

C. Division ratio and method (1) division ratio: Plaintiff 50%, Defendant 50%

[Ground of determination] The plaintiff's act of running a secondhand business with the defendant, and the acquisition of active properties subject to division

The method of division of property (2) taking into account the circumstances such as the developments and utilization status, the level of contribution by the plaintiff to the formation and maintenance, the background of the occurrence of income and property, the background of the source and the defendant's age, occupation, and the process and period of marital life (2). Considering the name and form of the property subject to division, the process of acquisition, the convenience of division, etc., the part of the amount that should ultimately be reverted to the plaintiff in cash should be paid to the plaintiff.

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

[Calculation Form] ① The Plaintiff’s share of net property of the Plaintiff and Defendant according to the division of property

The sum of net property of the Plaintiff and the Defendant 100, 827, 138 won x 50% = 50,413, and 569 won (2) - (30, 413, 569 won (- - 38,070, 679 won) = 88,484, 248 won, which the Defendant pays to the Plaintiff.

② The amount set forth in the above paragraph is less than 80 million won.

D. Sub-committee

The defendant is obligated to pay 80 million won to the plaintiff as division of property.

3. Determination as to the bringing-up of children

(a) Person in parental authority and guardian of the principal of the case: Designation of the defendant; and

[Ground of determination] The defendant, from June 14, 2017, raises the principal of the case without any particular problem, taking into account the following circumstances, such as the age of the principal of the case, the situation of fostering, the parenting environment, the intent of the parties, and the circumstance of the marriage dissolution.

(b) Child support;

From July 5, 2018, the Plaintiff paid to the Defendant KRW 400,000 per month on the last day of each month from July 5, 2018 to the day before the principal of the case reaches his majority.

[Grounds for determination] The amount and time of payment of child support shall be determined as above in consideration of various circumstances, such as the age and occupation, income, property, age and status of the principal of the case, intent of the parties, etc.

C. The Plaintiff, a non-nicking-in-child, has the right to interview with the principal of the instant case, unless contrary to the welfare of the principal of the instant case. Considering the various circumstances revealed in the arguments in the instant case, such as the age, parenting status, and living environment of the principal of the instant case, setting ex officio the visitation right, as described in Paragraph 6 of the Disposition, is reasonable for the emotional stability and welfare of the principal

4. Conclusion

The plaintiff and the defendant's principal lawsuit and counterclaim shall be accepted for the reason that they have reasonable grounds, and the claim for consolation money shall be dismissed for the reason that there is no reason. The claim for division of property, the claim for designation of a person with parental authority and a custodian, the claim for child support

Judges Yoon Jae-nam