Cases
2017drid779 Divorce
Plaintiff
A (1978,000)
Address
Reference domicile
Defendant
(B) B. (1978 no longer than 1978)
Address
Reference domicile
Principal of the case
A person shall be appointed.
Address
Reference domicile
Conclusion of Pleadings
June 21, 2017
Imposition of Judgment
July 12, 2017
Text
1. The plaintiff and the defendant are divorced.
2. To designate a person with parental authority and a custodian of the principal of the case as the plaintiff.
3. The Defendant shall pay to the Plaintiff KRW 2 million with the instant principal’s child support in the past, and the Defendant shall pay KRW 400,000 per month from July 1, 2017 to the day before the principal’s age reaches the age of majority.
4. The costs of the lawsuit shall be borne by the defendant.
5. Paragraph 3 can be provisionally executed.
Purport of claim
(1) Paragraphs (1) and (2) of this Article and the defendant shall pay the plaintiff child support for the principal of this case from January 19, 2017 to January 1, 2031.
18. By the 30th day of each month, 80,000 won shall be paid.
Reasons
1. Determination as to the claim for divorce
A. The facts of recognition (1) the Plaintiff and the Defendant reported the marriage on *. 2011.* The instant principal was his child. (2) The Defendant was in a state of absence for three months after the marriage, and the Plaintiff was living as a member of the cosmetics enterprise. (3) On September 15, 2012, the Defendant was arrested as a flagrant offender by the police dispatched upon receiving the report. The Defendant was arrested on December 17, 2013 by the police.
In several times, the Plaintiff’s face face injury was inflicted, and the police called upon the Plaintiff’s report. As such, the Defendant assaulted the Plaintiff several times during the marriage period, and received a probation order due to domestic violence.
(4) After the Defendant went on around 2013, the Plaintiff and the Defendant are living separately until now.
[Ground of recognition] Gap evidence Nos. 1 through 4, and the whole purport of the pleading
B. Determination
The main mistake of the plaintiff and the defendant, such as assaulting the plaintiff several times and abandoning the principal of the case, led to failure to recover any longer, which constitutes grounds for judicial divorce under subparagraphs 2, 3, and 6 of Article 840 of the Civil Act.
2. Determination on designation of a person with parental authority and a custodian and claim for child support
The plaintiff shall be designated as a person with parental authority or a custodian of the principal of the case in consideration of various circumstances shown in the pleadings of the case, such as the details of the marriage and failure of the principal of the case, the age of the principal of the case, the custody status, the age of the principal of the case and the defendant, the health status, and the economic ability. The child support to be borne by the
Therefore, the Defendant is obligated to pay KRW 2 million to the Plaintiff for the child support from January 19, 2017 to June 30, 2017, and to pay KRW 400,000 per month from July 1, 2017 to the day before the principal of the case reaches the age of majority.
3. Conclusion
The plaintiff's claim for divorce shall be accepted for the reasons, and the claim for designation of a person with parental authority and a custodian, and the claim for child support shall be prescribed as above.
Judges
Judges Yoon Jae-nam